PROCEEDINGS 

OF  THE 

CONSTITUTIONAL 
CONVENTION 

OF  THE 

Proposed  State 

OF 

OKLAHOMA 

HELD  AT 

Guthrie,  Oklahoma 

November  20,  1906  to 
November    16,    1907 

MUSKOGEE    PTG.    CO  <il{iiw3y^^t>  MUSKOGEE     OKLA. 


.Ftol 

BOeWMENTS 
OEPT. 


CONSTITUTIONAL  CONVENTION. 


November  20,    1906 — 2  P.   M. 

The  Delegates  elected  to  the  CMistitutlonal  Convention  to  be  held 
iu  accordance  with  an  Act  of  Congress  entitled  ''An  Act  to  enable  the 
people  of  Oklahoma  and  of  the  Indian  Territory  to  form  a  Constitution 
and  State  Government  and  be  admitted  into  the  Union  on  an  equal  foot- 
ing with  the  original  states;  and  to  enable  the  people  of  New  Mexico 
and  of  Arizona  to  form  a  Constitution  and  State  Government  and  be 
admitted  into  the  Union  on  an  equal  footing  with  the  original  states." 
approved  June  16th,  1906,  met  in  the  Convention  Chambers  in  the  City 
of  Guthrie,  Oklahoma,  on  Tuesday,  the  20th  day  of  November.  A.  D. 
1906,  it  being  the  second  Tuesday  after  the  election,  at  the  hour  of  two 
o'clock  p.   m. 

Heury  S.  Johnston,  of  Perry,  Oklahoma,  Delegate-elect  from  the 
17th  District,  ai'ose  and  spoke  as  follows:  The  hour  having  arrived 
for  the  opening  ceremonies  of  this  Convention  you  will  arise  and 
attend  prayer.  The  Rev.  Frank  Naylor,  of  Pawnee,  will  lead  our 
thoughts   in  supplication   to   the   Divine   Presence. 

The  Rev.  Frank  Naylor  then  offered  a  prayer  as  follows:  Al- 
mighty and  everliving  God,  we  are  devoutly  thankful  to  Thee  for  th'i 
Providence  that  has  brought  us  to  this  good  hour.  We  thank  Thee  that 
from  the  conditions  of  a  most  discouraging  nature,  and  struggles  with 
poverty  and  disappointment.  Thou  hast  made  it  possible  for  the  condi- 
tions that  obtain  here  today.  We  have  'been  sent  here  In  an  earnest 
endeavor  to  frame  a  great  Constitution  for  a  great  people  and  for 
generations  which  sliall  follow  us.  Thou  hast  not  forgotten  us  In  the 
past,  we  are  needy  now  and  ask  Thee  to  continue  Thy  protective  care 
over  us.  God  bless  the  great  mass  of  men,  women  and  children  who 
are  anxiously  awaiting  the  work  of  this  body.  Bless  the  men  all  over 
our  State  who  earn  their  bread  by  the  sweat  of  their  brow.  May  their 
Interests   be   carefully   guarded. 

God  bless  the  President  of  the  United  States  and  all  in  authority. 
Preserve  the  peace  of  our  Nation. 

'Lord,    while   for   all   mankind    we   pray. 
Of  every  clime  and  coast, 
O,  hear  us  for  our  native  land, 
The  land  we  love  the  most.' 
Bless    the    officers    and    members    of    this    Convention.      Give    them 


Ml648;i9 


6  JOIRXAL  OF  CONSTITUTIONAL 

wisdom  and  health  and  strength  to  fearlessly  do  their  duties.  May  no 
selfish  niotive  or  ambition  stand  in  the  way  of  the  greatest  good  to 
the  greatest  nuihber.  May  each  member  feel  that  in  Thy  fear  he  wll! 
properly  weigh  every  question  for  the  good  of  the  masses  of  the  people. 

Hear  us,  we  beseech  Thee,  and  finally  permit  us  to  be  with  Thee 
and    we    will    praise    Thee    forever.      Amen." 

The  following  address  was  then  delivered  by  Mr.  Johnston: 
From  the  consideration  of  the  caucus  of  yesterday,  the  transcendaut 
privilege  of  calling  to  order  the  first  Constitutional  Convention  of  the 
State  of  Oklahoma,  has  devolved  upon  me.  For  the  compliment  of 
that  privilege  no  words  of  mine  can  express  the  emotions  of  gratitude 
welling  up  within  me.  And  while  T  give  this  word  of  thanks  to  you 
for  thus  distinguishing  me  from  among  your  number,  ray  heart  is  lifted 
in  ferv.ent  prayer  that  my  d;iily  association  with  you  may  build  an 
estimate  of  my  character  worthy  of  the  honor  you  have  so  generously 
bestowed.  May  it  be  that  our  daily  communion  and  companionship 
shall  bud  and  blossom  into  a  gorgeous  friendship  in  the  consciousness 
of    mutual    worth. 

From  Ihis  word  of  personal  relationship  to  you,  I  pray  you  to 
permit  me  to  return  to  your  number  and  of  your  body  and  rank  and 
in  our  joint  behoof  to  officiate  as  our  spokesman.  And  now  as  the 
tongue  and  living  voice  of  this  convention,  permit  me  first  to  say:  To 
the  people  of  'Juthrie,  we  thank  you  for  your  cordial  and  splendid  wel- 
come. Your  kindness  and  hospitality  has  at  once  proven  your  own 
high  ideals  of  courtesy  and  tied  the  bond  of  friendship  to  the  heart 
anchorings    of    every    several    delegate. 

To  the  people  of  Oklahoma  and  Indian  Territory,  we  thank  you, 
that  you  have  presented  and  given  to  us  this  commission  by  which  you 
have  sent  us   lo  ibis  solemn   presence. 

(Here  Mr.  Johnston  unrolled  and  exhibited  his  delegate  Cer- 
tificate.) 

By  this  grant  of  authority  you  have  made  these  delegates  your 
joint  and  several  trustees.  You  have  hereby  made  a  requisition  upon 
the  energies  and  likewise  have  enlisted  in  your  service  the  best  intel- 
ligence and  highest  devotion  of  which  we  are  capable.  By  this  letter 
of  authority,  you  have  said  to  us:  "Go  thou  to  the  legal  Mecca  of  these 
our  Territories  and  lay  firm  and  deep  the  organic  law  as  a  foundation 
whereupon  we  the  people  may  build  the  great  legal  and  political  temple 
of   the   commonwealth    of    Oklahoma." 

To  which  I  wish  on  behalf  of  this  convention  to  respond,  that  w.^ 
not  only  render  this  expression  of  our  keen  sense  of  gratitude  au.l 
appreciation,  but  here  and  now  voice  the  deep  feeling  of  responsibility 
with  which  the  acceptance  of  this  trust  is  laden.  In  behalf  of  these 
delegates,    may    I    indulge    the    high    hope    that    the    labors    of    this    con- 


CONVENTION    OF    OKLAHOMA.  7 

vention  will  be  dedicated  to  the  liberties  of  the  people  of  the  New 
State.  May  I  indulge  the  hope  that  in  that  temple  will  be  placed  a 
sacred  shrine  upon  which,  written  o'er  in  letters  of  living  light,  will 
be  placed  a  parchment  scroll,  the  Magna  Charta  of  the  State  of  Okla- 
homa. 

In  the  dissolution  of  the  J)arriers  which  hitherto  have  severed  and 
heltJ  our  Territories  in  twain,  jnay  the  elements  of  their  light  so 
commingle  in  an  atmosphere  of  love  that  the  vigils  of  the  stars  shall 
behold  the  halo  of  the  dawn. 

In  the  writing  of  "The  Schedule"  by  which  the  bodily  form  of 
these  our  Territories  is  transfigured  into  statehood  shall  be  trans- 
ferred the  full  meed  and  unbounded   measure  of   my   affections. 

Oklahoma  has  been  kind  to  me.  1  was  a  stranger  and  she  took 
me  in.  1  was  an  hungered,  and,  of  the  corn  of  plenty,  she  gave  me 
food.  I  was  athirst  and,  of  the  wine  of  gladness,  she  gave  me  drink. 
Her  years  have  been  a  measure  of  earth's  jeweled  glories  and  time's 
golden  joys.  Sweet  tempered  air,  grandeur  and  softness  of  cloud,  the 
almost  terrifying  bluff  of  threatened  storms;  showers  shedding  per- 
fume from  treasure  fields  of  harvest;  the  glad  young  flowers  swellin,i 
to  the  breaking  point  in  the  after  visitation  of  the  sun;  youth  past 
the  age  of  frivolity,  such  is  the  physical  nature  of  Oklahoma. 

When  the  records  of  this  convention  shall  have  been  entered  on 
Hie  Journal  of  History's  judgment  roll,  may  the  fond  heart 
of  this  the  fairest  of  the  sisterhood  of  states  beat  in  conscious  approval 
of  your  patriotic   devotion   and   labors   of   love. 

Then  may  it  be  yours  to  say  unto  her:  "Spouse  of  my  choice,  my 
betrothed  one.  My  Oklahoma,  I  love  Thee.  In  this  union  are  we 
joined  in  indissoluble  wedlock  forever.  This  temple  shall  be  our 
habitation  forever.  This  altar  shall  be  the  hearth-stone  of  our  dwell- 
ing place.  By  this  charter  have  we  sealed  the  covenant  of  our  troth. 
In  suasive  gentleness  of  your  tender  mood  you  shall  draw  me  from  mv 
grasp  on  self  into  love  that  shall  deepen  with  each  passing  year. 
When  this  mortal  frame  shall  falter  and  lie  down  to  its  last  repose, 
may  I  yet  sense  the  kiss  of  thy  breath.  May  my  head  be  pillowed  on 
thy  bosom  when  the  curtains  of  these  mortal  eyes  shall  be  drav^n 
forever." 

Upon  motion  of  W.  J.  Caudill,  Delegate-elect  from  the  50th  dis- 
trict, Hon.  .7.  F.  King,  Delegate-elect  from  the  16th  district,  war, 
ele'cted  President  pro-tempore,  and  Delegates  D.  S.  Rose,  R.  L.  Wil- 
liams, and  P.  B.  Hopkins  were  appointed  a  committee  to  escort  Mr. 
King  to  the  chair:  King  on  taking  the  chair  addressed  the  Convention 
as    follows: 

Delegates  to  the  Constitutional  Convention,  Ladies  and  Gentle- 
men:      1    would    be    something    less    than    a    man,    I    would    be    false    to 


8  JOURNAL  OF  CONSTITUTIONAL 

every  manly  instinct,  did  I  not  feel  and  express  to  you  my  sincere  and 
profound  thanks  for  the  kindness  and  the  honor  you  have  done  me 
in  electing  me  your  temporary  presiding  officer.  So  long  as  I  shall 
live  I  shall  bear  you  and  your  act  in  treasured  and  affectionate  remem- 
brance. The  importance  of  your  labors  and  the  very  limited  time 
assigned  for  their  performance  would  render  an  extended  speech  unpar- 
donable, and  yet  I  will  ask  your  indulgence  for  but  a  little  while.  We 
are  told  that  a  constitution  usually  consists  of  three  parts,  viz:  First, 
the  Bill  of  Rights;  Second,  the  Frame  of  Government;  and  Third,  the 
Schedule.  The  object  of  the  Bill  of  Rights  is  to  protect  the  individual 
in  the  enjoyment  of  his  life,  his  liberty  and  his  property.  They  usually 
declare  that  all  men  are  possessed  of  certain  equal  and  inalienable 
rights,  among  which  are  life,  liberty,  and  the  pursuit  of  happiness. 
That  all  political  power  rests  with  the  people,  that  government  is 
founded  on  their  authority  and  instituted  for  their  equal  protection 
and  benefit.  That  they  have  a  right  to  assemble  in  a  peaceable  man- 
ner to  consult  for  their  common  good,  to  Instruct  their  representatives 
and  to  petition  the  government  or  any  department  thereof  for  a 
redress  of  grievances.  That  they  have  the  right  to  bear  arms,  that 
they  have  a  right  to  worship  God  according  to  the  dictates  of  their 
own  consciences.  That  in  all  cases  of  arrest  the  prisoner  is  entitled 
to  the  issuance  of  the  writ  of  habeas  corpus,  to  Inquire  into  the  cause 
of  his  imprisonment  and  to  furnish  bail  in  bailable  offenses.  That  in 
all  prosecutions  the  accused  shall  be  allowed  to  appear  and  defend  by 
counsel  or  in  person.  To  demand  the  nature  and  cause  of  the  accusa- 
tion against  him.  To  meet  the  witnesses  face  to  face.  To  require  the 
attendance  of  witnesses  in  his  behalf,  and  to  a  speedy  public  trial,  by 
an  impartial  jury  of  the  county  where  the  offense  is  alleged  to  have 
been  committed,  and  similar  provisions  along  that  line. 

The  frame  of  government  usually  provides,  and  under  our  frame 
of  government  must  necessarily  provide,  that  the  government  shall  con- 
sist of  three  separate,  co-equal  and  co-ordinate  departments — the  legal 
or  law  making  department,  the  judicial  department,  or  the  department 
which  interprets  and  applies  the  law  of  a  given  state  of  facts,  and  the 
executive  department  or  the  d?epartment  which  enforces  the  law,   etc. 

The  schedule  provides  f'lr  the  transition  from  the  old  to  the  new 
government,  and  that  suits  pending  shall  be  tried  under  the  old  law. 
That  the  old  officers  shall  continue  to  act  until  the  admission  of  the 
New  State;  that  the  laws  not  affected  by  the  New  Constitution  shall 
continue  in  force,  etc.  The  Old  Constitutions  were  divided  sub- 
stantially into  these  three  parts  and  until  our  day  they  were  all  that 
was  necessary  to  the   needs  of   the  people. 

As  long  as  there  were  no  large  aggregations  of  organized  capital, 
as  long  as  Uncle   Sam   had    one   hundred   and    sixty   acres    of    good    land 


CONVENTION    OF    OKLAHOMA.  9 

for  every  man  who  would  take  it  and  could  put  one  man  on  an  equal 
footing  with  another,  these  provisions  were  sufficient.  For  seven  hun- 
dred years  the  struggle  of  the  English  people,  and  for  part  of  that 
time  of  the  American  people,  was  against  the  executive,  the  King,  to 
limit  his  power  and  to  enlarge  the  power  of  the  Legislative  department 
to  keep  the  King  from  taking  their  lives,  their  liberty  and  in  the  form 
of  taxes  their  property.  Th$  people  were  at  first  content  to  wring  from 
King  John  the  Magna  Charta,  and  while  it  contains  the  germ  of  all 
there  is  in  the  petition  of  right  and  the  Bill  of  Rights,  nevertheless  it 
was  stated  in  such  general  terms  and  such  broad  language  that  the 
King  and  his  Counselors  early  found  ways  of  evading  it,  and  it  was 
only  after  centuries  of  experience  and  much  amendment  that 
the  law  was  so  framed  that  neither  the  ingenuity  of  counsel  nor  the 
corruption  of  offlcials  would  find  a  loophole  to  wantonly  take  the  life 
or  the  liberty  of  the  citizen.  But  it  remained  for  the  men  who  framed 
the  Constitution  of  the  United  States  and  the  Constitutions  of  the 
Original  States,  to  so  state  and  enact  the  law  of  personal  liberty,  that 
little  if  any  improvement  in  that  regard  has  since  been  made  or  proba- 
bly  can   ever  be   made. 

More  than  a  hundred  years  of  experience  in  popular  government 
In  the  United  States,  has  demonstrated  that  the  great  problem  con- 
fronting the  American  people  in  Constitution  making  is  not  so  much  to 
control  or  limit  the  executive  as  to  control  and  properly  limit  the  Leg- 
islative Department.  By  this  latter  department  has  the  American 
people  been  despoiled.  And  while  the  Constitution  of  the  different 
states  contain  the  germ  and  principles  of  good  government,  and 
while  it  is  true  of  law  as  it  is  of  farming  that  out  of  the  old  fields 
Cometh  the  new  corn,  nevertheless  these  principles  have  been  stated 
in  such  general  terms  and  with  so  little  provision  for  their  application 
to  the  affairs  of  the  people  that  little  assistance  can  be  derived  from 
them   in   the   way    of   administrative   government. 

Our  fathers  established  the  principles  on  which  government 
should  be  founded,  it  is  the  labor  of  this  generation  to  establish  the 
principles  on  which  it  should  be  administered.  To  leave  this  labor  to 
the  next  generation  may  be  too  late.  What  doth  it  profit  a  people  to 
declare  in  their  constitution  that  all  men  are  created  equal,  that  they 
are  entitled  to  the  same  opportunities  and  the  same  fair  meas- 
ure of  right  and  then  permit  predatory  wealth,  the  smug  men  of 
finance  and  the  corrupters  of  legislatures  to  rob  them  of  their  hard- 
earned  means?  These  glittering  generalities,  these  beautiful  state- 
ments of  general  principles  should  be  given  a  definite  and  specific 
application  to  the  affairs  of  the  people  to  the  end  that  government 
of  the  people,  for  the  people  and  by  the  people,  should  become  a 
reality  instead  of  a  mere  theory.     Constitutions  as  well  as  men  should 


10  JOURNAL  OF  CONSTITUTIONAL 

practice  what  they  preach.  I  am  therefore  in  favor  of  incorporating 
into  the  Constitution  of  Oklahoma  a  fourth  department  which  I  think 
cannot  be  better  designated  than  the  administrative  department,  so 
that  the  Constitution  shall  not  only  confer  these  great  rights  but  shall 
secure  and  protect  the  people  in  their  actual  enjoyment.  Do  not 
understand  me  as  criticising  or  attempting  to  criticise  the  work  of  the 
men  who  drafted  the  Constitution  of  the  United  States  or  of  the  States 
of  the  Union.  It  is  beyond  criticism.  The  Constitutions  which  they 
framed,  were  perfectly  suited  to  the  times  in  which  they  were  made 
and  effectuated  every  purpose  of  good  government.  But  time  impairs 
Constitutions  as  it  does  all  things,  and  if  they  be  not  amended  and 
repaired  to  meet  changed  conditions,  new  questions  and  the  ever-alter- 
ing situations  of  an  enterprising  and  progressive  people,  there  is  an  end 
to   good   government. 

These  changes  in  the  people  and  in  their  affairs  make  amendment 
and  change  in  Constitutions  and  in  laws  a  never-ending,  ever-contin- 
uing and  ever-pressing  necessity.  As  the  ocean  makes  itself  pure  by 
constant  agitation,  so  the  state  must  keep  itself  efficient  by  constant 
progress. 

The  questions  which  are  now  up  for  solution  before  the  people 
of  the  States  of  this  Union  have  come  upon  the  State  since  the  other 
states  have  framed  their  Constitutions  and  it  is  now  the  duty  of 
Oklahoma  not  only  to  solve  them  for  herself  but  to  solve  them  for  her 
sister  states,  for  you  may  be  sure  the  people  of  the  other  states  will 
listen  with  an  interested  anxiety  for  the  answer  Oklahoma  will  make 
to  them.  While,  broadly  speaking,  a  Constitution  is  to  a  state  what 
a  set  of  moral  and  business  maxims  is  to  a  business  man,  and  while 
we  are  told  by  some  able  judges  that  nothing  should  be  put  into  a 
constitution  but  what  time  and  experience  has  demonstrated  to  be 
true,  yet  we  should  remember  that  a  business  man  who  never  learns 
anything  and  who  never  improves  has  but  a  short  time  to  remain  in 
business.  And  that  state  which  fails  to  meet  and  correctly  solve  the 
question  ever  pressing  upon  its  people  must  speedily  degenerate  into 
a  mere  despotism.  The  great  Judges  of  1790  had  but  little  regard  for 
the  Constitution  of  the  United  States,  and  the  man  who  would  improve 
any  trade  or  profession  must  look  for  but  little  encouragement  from 
its  gray  haired  devotees,  however  eminent  or  learned  they  may  be. 
And  while  it  is  no  doubt  correct  that  nothing  should  be  put  into  the 
Constitution  except  that  which  is  known  truth  and  not  experiment,  it 
is  nevertheless  true  that  there  are  self-evident  truths  in  this  day  as 
there  were  in  1776,  and  that  there  are  many  things  demonstrated  by 
experience,  to  be  true  that  have  passed  from  the  domain  of  experiment, 
of  politics  and  political  discussion  to  the  realm  of  unquestioned  and 
unquestionable  truth   and   yet   have   not   found   their  way   into  any   Con- 


CONVENTION  OF  OKLAHOMA.  1] 

btitulioii.  Such  an  objection  would  .not  only  have  made  the  Con.siilu- 
tion  o£  the  United  States  as  well  as  the  Constitution  of  all  the  States 
impossible,  but  it  would  render  government  of  the  people  a  thing  of 
the   past. 

As  a  Constitution  not  only  organizes  government  itself,  it  should 
embody  the  settled  policies  on  which  that  government  should  be  con- 
ducted. And  as  fast  as  great  questions  of  Governmental  policy  emerge 
settled  from  the  political  arena,  the  field  and  the  forum,  they  should 
be  embodied  in  the  Constitution  that  they  may  become  a  permanenr. 
guide  to  the  official  and  an  inspiration  and  protection  to  the  people. 
So  that  in  a  government  enterprising  and  progressive  like  ours  each 
generation  in  the  future  as  in  the  past  should  crystalize  in  the  Con- 
stitution its  wisdom  and  experience,  carefully  remembering  that  the 
State  like  a  child  must  have  room  to  grow,  and  that  its  principles  as 
well  as  frame  of  government  must  not  be  so  rigid  or  inelastic  as  to 
prevent  healthy  development.  Also  remembering  that  it  is  with  Con- 
stitutions as  with  trees  that  while  one  branch  is  developing  another 
is  dying  and  provision  must  be  made  for  the  removal  of  the  diseased 
and    dead    wood. 

The  first  Constitution  of  the  Original  States  contained  many  pro- 
visions as  to  religious  and  property  qualifications,  provisions  of  intense 
interest  and  of  particular  force  at  the  time  of  the  formation  of  these 
Constitutions,  yet  by  amendments  and  revision  these  provisions  have 
largely  passed  out  of  the  Constitutions  of  those  states.  And  no  doubt 
many  of  the  things  now  pressing  for  consideration  and  which  will  be 
put  into  the  Constitutions  made  in  this  generation  will  become  so  well 
settled  or  so  unsuitable  to  changed  conditions  as  to  pass  out  of  these 
Constitutions  and  make  room  for  more  appropriate  or  more  pressing 
provisions.  The  great  problem  before  the  founders  of  the  different 
American  commonwealths  so  far  as  property  was  concerned  was  to  pro- 
vide for  the  development  of  the  resources  of  the  country  and  the  pro- 
duction of  material  wealth.  The  great  problem  now  pressing  for  solu- 
tion by  this  generation  is  not  so  much  that  of  the  production  of 
wealth  as  that  those  who  produce  it  shall  enjoy  it.  In  other  words 
their  problem  was  that  of  production,  ours  is  that  of  distribution. 
While  1  would  not  belittle  the  force  or  effect  of  any  law.  the  real 
Constitution  of  any  state  is  not  upon  the  printed  or  written  page,  but 
in  the  hearts,  the  intelligence  and  the  conscience  of  its  people.  The 
men  who  framed  the  Constitution  of  the  United  States  did  not  deem 
it  necessary  to  put  a  Bill  of  Rights  in  the  Constitution,  deeming  its 
provisions  so  well  established  in  the  Common  Law  of  the  land  as  to 
be   unnecessary. 

But  the  people  refused  to  accept  it  except  with  the  understand- 
ing  that   such   a   bill    should   be   incorporated,    which    was    done    by    the 


12  JOURNAL  OF  CONSTITUTIOXAI. 

adoption  of  the  first  eight  amendments.  While  it  was  not  a  necessary 
part  of  the  Constitution,  the  wisdom  of  its  insertion  is  beyond  ques- 
tion. It  left  nothing  to  interpretation,  nothing  to  construction.  It  fur- 
nished a  beacon  light  to  the  official  and  a  sufficient  guarantee  to  the 
people. 

If  we  had  with  us  today  the  despoilers  of  the  American  people 
and  we  should  refer  to  the  Declaration  of  the  American  Independence 
they  would  enthusiastically  applaud  it  if  we  would  renew  our  allegi- 
ance to  the  Constitution  of  the  United  States,  they  would  ask  to  be 
included  and  give  it  apparently  a  most  pronounced  approval.  If  we 
should  renew  our  faith  in  the  teaching  of  the  Bible  they  would  beg 
to  join  us  and  proclaim  their  devotion  to  the  lowly  Nazarene.  We 
have,  therefore,  nothing  to  gain  by  copying  the  Ten  Commandments 
into  the  Constitution.  We  have,  therefore,  nothing  to  gain  by  filling 
it  with  glittering  generalities  and  fulsome  declarations  of  general 
principles,  but  we  have  everything  to  gain  and  nothing  to  lose  by 
making  a  definite  and  specific  application  of  these  general  principles 
and  of  the  Ten  Commandments  to  the  business  of  the  people.  In  my 
judgment  the  law  rightly  enacted  and  rightly  interpreted  is  but  an 
application    of    the    Ten    Commandments    to    the    affairs    of    men. 

This  and  every  other  generation  of  a  free  people  has  its  own 
peculiar  problems  to  face  in  Constitution-making.  The  men  and  the 
generations  that  have  gone  before  us  have  with  splendid  intelligence, 
unfaltering  patriotism  and  a  courage  that  has  challenged  the  world, 
confidently  faced  and  as  intelligently  and  courageously  solved  the  prob- 
lems of  government  and  in  Constitution-making  that  confronted  them. 
We  will  be  unworthy  sous  of  worthy  sires  If  we  fail  to  meet  and 
intelligently  and  courageously  solve  the  problems  now  pressing  upon 
our  people  for  solution.  We,  the  accredited  delegates  of  what  is  des- 
tined to  be  the  grandest  State  in  the  grandest  country  in  the  only 
Republic  that  ever  lived.  A  moral  coward  should  have  no  place  and 
no  seat  in  a  Constitutional  Convention. 

On  motion  of  N.  B.  Gardner,  Delegate-elect  from  the  91st  dis- 
trict, Jno.  M.  Young  was  elected  temporary  Secretary,  who  thereupon 
assumed   the   duties   of   his    office. 

It  was  moved  by  J.  A.  Baker,  Delegate-elect  from  the  81st  dis- 
trict, that  the  roll  be  called  and  that  the  Delegates-elect  take  the  oath 
of  office  in  numbers  of  ten  and  that  the  oath  of  office  be  administered 
by  a  member  of  the  Supreme  Bench  of  Oklahoma.  Motion  seconded. 
An  amendment  was  offered  by  W.  J.  Caudill,  providing  that  Chas.  H. 
Filson,  Secretary  of  the  Territory  of  Oklahoma,  call  the  name  of  the 
Delegates-elect  from  the  official  report  of  the  canvassing  boards  and 
that   all   such   members   present   and   hand   in   their   certificates   of   elec- 


CONVENTION    OF    OKLAHOMA.  13 

lion  to  be  sworn  in  at  the  same  time.  Tlie  amendment  was  carried;  the 
motion   as  amended   was  then   adopted. 

Secretary  Filson  then  called  the  roll  and  one  hundred  and  nine 
delegates   responded   to   the   roll   call,   as   follows: 

T.  O.  James,  First  District;  Fred  C.  Tracy,  Second  District;  Ed 
R.  Williams,  Third  District;  E.  O.  McCance,  Fifth  District;  Geo.  N. 
Bilby,  Sixth  District;  John  C.  Majors,  Seventh  District;  Geo.  W.  Wood, 
Eighth  District;  D.  G.  Harned,  Ninth  District;  Wm.  F.  Hendricks, 
Tenth  District;  Chas.  H.  Pittman,  Eleventh  District;  J.  A.  Alderson, 
Twelfth  District;  Chas.  L.  Moore,  Thirteenth  District;  Albert  H.  Ellis. 
Fourteenth  District;  D.  S.  Rose,  Fifteenth  District;  Joseph  Francis 
King,  Sixteenth  District;  Henry  S.  Johnston,  Seventeenth  District; 
Geo.  M.  Berry,  Eighteenth  District;  E.  G.  Newell,  Nineteenth  District: 
J.  E.  Safer,  Twentieth  District;  F.  E.  Houston,  Twenty-First  District; 
Joel  M.  Sandlin,  Twenty-Second  District;  Henry  L.  Cloud,  Twenty- 
Third  District;  W.  L,  Helton,  Twenty-Fourth  District;  Henry  E.  Asp, 
Twenty-Fifth  District;  Wm.  B.  Jenkins,  Twenty-Sixth  District;  W.  T. 
S.  Hunt,  Twenty-Seventh  District;  John  L.  Mitch,  Twenty-Ninth  Dis- 
trict; Silas  Marion  Ramsey,  Thirtieth  District;  James  H.  Maxey,  Thirty- 
First  District;  Isaac  Benjamin  Littleton,  Thirty-Second  District;  T. 
Charles  Wyatt,  Thirty-Third  District;  J.  S.  Buchanan,  Thirty-Fourth 
District;  Jacob  K.  Norton,  Thirty-Fifth  District;  John  J.  Carney,  Thirty- 
Siith  District;  Mathew  J.  Kane,  Thirty-Seventh  District;  Thad  D.  Rice, 
Thirty-Eighth  District;  Chas.  C.  Fisher,  Thirty-Ninth  District;  Henry 
Kelly,  Fortieth  District;  C.  H.  Bowers,  Forty-First  District;  Hymen  O. 
Tenor,  Forty-Second  District;  W.  S.  Dearing,  Forty-Fourth  District; 
John  B.  Harrison,  Forty-Fifth  District;  F.  E.  Herring,  Forty-Sixth  Dis- 
trict; B.  E.  Bryant,  Forty-Seventh  District;  J.  J.  Savage,  Forty-Eighth 
District;  Luke  Roberts,  Forty-Ninth  District;  W.  J.  Caudill,  Fiftieth 
District;  W.  E.  Banks,  Fifty-First  District;  James  B.  Tosh,  Fifty-Second 
District;  Wm.  H.  Edley,  Fifty-Third  District;  John  M.  Carr,  Fifty-Fourth 
District;  G.  M.  Tucker,  Fifty-Fifth  District;  T.  J.  Leahy,  Fifty-Sixth 
District;  J.  J.  Quarles,  Fifty-Sixth  District;  Joseph  J.  Curl,  Fifty-Sev- 
enth District;  Walter  D.  Humphrey,  Fifty-Eighth  District;  W.  H.  Kor- 
negay,  Fifty-Ninth  District;  Don  P.  Wills,  Sixtieth  District;  J.  \V. 
Swarts,  Sixty-First  District;  Riley  Copeland,  Sixt.y-Second  District;  J.  K. 
Hill,  Sixty-Third  District;  Clement  V.  Rogers,  Sixt> -Fourth  District;  J. 
Howard  Langley,  Si'cty-Fifth  District;  J.  Turner  Edmonson,  Sixty-Sixth 
District;  J.  H.  N.  Cobb,  Sixty-Seventh  District:  Flowers  Nelson,  Sixty- 
Eighth  District;  William  T.  Dalton,  Sixty-Ninth  District;  A.  L.  Hausam, 
Seventieth  District;  James  A.  Harris,  Seventy-First  District;  Albert  S. 
Wyly,  Seventy-Second  District;  Chas  W.  Board,  Seventy-Third  District; 
W.  A.  Cain,  Seventy-Fourth  District;  Philip  B.  Hopkins,  Seventy-Fifth 
District;    Chas.    N.    Haskell,   Seventy-Sixth   District;    O.    P.    Brewer,    Ser- 


14  JOURNAL   OF   COXSTITUTJONAL 

enty-Seventh  District;  W.  N.  Littlejohn,  Seventy-Eighth  District;  Wil- 
liam B.  Hudson,  Seventy-Ninth  District;  H.  G.  Turner,  Eightieth  Dis- 
trict; J.  A.  Baker,  Eighty-First  District;  E.  F.  Messenger,  Eighty-Sec- 
ond District;  William  C.  Liedtke,  Eighty-Third  District;  C.  O.  Frye, 
Eighty-Fourth  District;  Samuel  W.  Hayes,  Eighty-Fifth  District;  Charles 
M.  McClain,  Eighty-Sixth  District;  Carleton  Weaver,  Eighty-Seventh 
District;  Ben  F.  Harrison,  Eighty-Eighth  District;  James  I.  Wood, 
Eighty-Ninth  District;  Pete  Hanraty,  Ninetieth  District;  Neil  B.  Gard- 
ner, Ninety-First  District;  Edmond  T.  Sorrells,  Ninety-Second  District; 
Royal  J.  Allen,  Ninety-Third  District;  Milas  Lasater,  Ninety-Fourth 
District;  Frank  J.  Stowe,  Ninety-Fifth  District;  C.  S.  Leeper,  Ninety- 
Sixth  District;  Boone  Williams,  Ninety-Seventh  District;  Albert  G. 
Cochran,  Ninety-Eighth  District;  Jas.  S.  Latimer,  Ninety-Ninth  District; 
C.  C.  Mathis,  One  Hundredth  District;  Cham  Jones,  One  Hundred  and 
First  District;  L.  J.  Akers,  One  Hundred  and  Second  District;  Walter 
A.  Ledbetter,  One  Hundred  and  Third  District;  William  H.  Murray,  One 
Hundred  and  Fourth  District;  James  H.  Chambers,  One  Hundred  and 
Fifth  District;  J.  C.  Graham,  One  Hundred  and  Sixth  District;  Geo.  A. 
Henshaw,  One  Hundred  and  Seventh  District;  R.  L.  Williams,  One 
Hundred  and  Eighth  District;  Gabe  E.  Parker,  One  Hundred  and  Ninth 
District;  B.  F.  Lee,  One  Hundred  and  Tenth  District;  Preeman  J.  Mc- 
Clure,  One  Hundred  and  Eleventh  District;  W.  C.  Hughes,  Delegate- 
elect  from  the  Twenty-Eighth,  was  unable  to  attend  on  account  of 
sickness. 

Each  of  the  delegates  above  named,  as  their  names  were  called, 
presented  their  several  certificates  of  election,  which  were  duly  passed 
upon  and  approved  by  the  Convention,  as  entitling  said  Delegates  to 
seats   in   the   Convention. 

Upon  request  of  the  Convention,  Hon.  John  H.  Burford,  Chief 
Justice  of  the  Supreme  Court  of  Oklahoma,  administered  to  the  Dele- 
gates-elect   present    the    following    oath    of    office: 

"Do  you  and  each  of  you  solemnly  swear  that  you  will  support 
the  Constitution  of  the  United  States  against  all  enemies,  foreign  and 
domestic;  that  you  take  this  obligation  freely  without  any  mental  res- 
ervation of  purpose  or  evasion  and  that  you  will  well  and  faithfully 
discharge  the  duties  of  the  office  of  Delegate  to  the  Constitutional  Con- 
vention on  which  you  are  about  to  enter?      SO  HELP  YOU  GOD." 

W.  A.  Ledbetter,  Delegate  from  the  One  Hundred  and  Third  Dis- 
trict,   offered   and   moved    the   adoption   of   the   following   resolution: 

Resolved,  That  the  Delegates  elected  to  form  a  Constitution  for 
the  State  of  Oklahoma,  do  now  proceed  to  the  permanent  organization 
of  the  Constitutional  Convention  and  until  others  are  provided  the  fol- 
lowing shall  constitute  the  permanent  officers  of  the  convention,  to-wit: 
A    President    and    Vice    President,    a    Secretary,     a    Sergeant-at-Arms, 


CONVENTION  OF  OKLAHOMA.  In 

Assistant,     Sergeant-at-Arms     and      a     Ohaplain.       The      resolution      was 
adopted. 

Wliereupon,  R.  L.  Williams,  Delegate  from  District  One  Hundred 
and  Eight,  placed  in  nomination  for  the  office  of  President  of  the  Con- 
stitutional Convention,  Wm.  H.  Murray,  Delegate  from  the  One  Hundred 
and  Fourth  District,  The  nominaiion  was  seconded  b.y  Delegate  Maxey. 
ot  the  7'hirty-First  District.  J.  H.  N.  Cobb,  Delegate  from  the  Sixty-Seventh 
District,  placed  in  nomination  P.  B.  Hopiiins,  troni  the  Seventy-Filth 
District;    nomination    was   seconded. 

It  was  moved  that  the  vote  upon  the  candidates  for  President  l)e 
taken  by  a  rising  vote.  The  motion  was  seconded  and  carried.  There- 
upon a  vote  being  taken  P.  B.  Hopkins  received  eleven  votes,  and  Wil- 
liam H.  Murray  received  ninety-seven  votes,  and  said  William  H.  Mur- 
ray, having  received  a  majority  vote  of  all  of  the  Delegates  elected,  wan 
by  the  temporary  chairman  declared  duly  elected  as  President  of  the 
said    Constitutional    Convention. 

A    committee    consisting    of    R.    L.    Williams,    C.    N.    Haskell,    J.    H, 
Maxey   and   P.    B.    Hopkins  was  appointed   to  escort   President-elect   Mur- 
ray   to   the   platform,    whereupon    Mr.    Murray   was   escorted    to    the   plat- 
form and   addressed  the  Convention  as  follows: 
Ladies  and   Gentlemen,   Delegates  to  the  Constitutional   Convention: 

1  do  not  know  whether  1  am  expected  to  make  a  talk,  but  I  want 
to  say  1  deeply  appreciate  the  honor  conferred  upon  me  and  T  am 
mindful  of  the  great  responsibility  which  it  carries.  I  know  that  1 
will  not  lu*  able  to  satisfy  the  various  persons  who  want  promotions  in 
the  way  of  committees  and  appointments,  but  I  do  want  to  say  thai  1 
feel  proud  of  the  fact  that  I  have  not  made  a  single  promise,  save  and 
except  one  little  boy  for  page,  (Applause.)  There  are  two  ways  to 
manage  politics.  One  is  to  __promise  everybody  that  comes  along  every- 
thing and  the  other  is  to  promise  no  one  anything.  The  last  one  J 
have  followed.  I  belong  to  that  class  of  men  who  believe  that  there 
is  such  a  thing  as  honesty  and  integrity  in  politics.  i  believe  the 
quicker  the  people  of  this  country  believe  that  and  understand  it  the 
quicker  they  will  conduct  campaigns  on  the  broad  basis  of  honesty  and 
public  policy  and  not  on  the  basis  of  misrepresentation,  and  the  quicker 
will  honesty  and  good  men  come  inio  i)olitics  and  1  ry  to  steer  aright  the 
ship  of  State.  We  regret  to  say  that  in  some  of  the  older  states  politics 
is  so  corrupt  that  the  religious  and  pious  dare  not  enter.  I  believe  it 
Avould  even  be  wise  to  ))rovide  in  the  oath  of  office  that  each  and 
everyone  swear  that  he  did  not  offer  anything  of  value  for  a  vote  or  to 
withhold  a  vote  at  an  election  at  which  he  was  elected  or  appointed. 

I  want  to  say  to  you  especially  that  a  while  ago  we  were  two  Ter- 
ritories rei)resented  on  the  North  and  West  with  a  thrifty  population 
who  came  from  all  of  the  States  of  the  Union  and  who,  by  their  Indus- 


16  JOURNAL  OF  CONSTITUTIONAL 

tiT,  their  courage  and  intelligence,  have  made  this  country  what  it  is. 
On  the  other,  the  East  and  South,  is  the  home  of  the  Five  Civil- 
ized Tribes,  three  of  whom  were  never  savages  and  which  five  are  the 
most  advanced  and  civilized  Indians  on  earth,  represented  here  with 
their  history  and  memories  of  their  great  men,  such  as  Douglas  H. 
Johnston,  of  the  Chickasaws;  Green  McCurtain,  of  the  Choctaws;  Pleas- 
ant Porter,  of  the  Creeks;  W.  C.  Rodgers,  of  the  Cherokees;  John 
Brown,  of  the  Seminoles,  each  the  Chief  Executive  of  their  respective 
tribes,  whose  courage,  intelligence  and  diplomacy  have  made  them  the 
equal  of  many  of  the  Governors  of  the  various  States.  In  addition  to 
these  are  their  past  patriots  and  heroes  marked  among  the  graves  of 
the  dead.  There  was  the  renowned  and  beloved  Tishomingo,  who  rep- 
resents the  father  of  the  Chickasaw  Tribes,  as  does  George  Washington 
that  of  the  United  States.  There  was  a  Push-ma-ta-ha.  the  renowned 
warrior  and  executive  of  the  Choctaws,  who,  with  his  seven  hundred 
warriors,  stood  side  by  side  with  General  Jackson  at  the  battle  of  New 
Orleans  and  from  behind  cotton  breastworks,  assisted  in  whipping  the 
British  from  off  American  soil.  There  was  the  bright  and  splendid 
genius,  the  inventor  of  the  alphabet  and  syllabary  of  the  Cherokees, 
Sequoyah.  (Applause.)  These  tribes,  together  with  their  white  neigh- 
bors and  friends,  sought  first  to  hold  their  cherished  ideas  and  Terri- 
tory rights  for  separate  statehood  and  to  create  out  of  their  statesman- 
ship the  State  of  Sequoyah.  In  this  we  have  failed,  but  we  accept  con- 
ditions as  we  find  them;  we  bow  to  the  decrees  of  fate.  We  take  them 
as  one  accepts  his  sweetheart,  with  the  determination  that  there  shall 
be  peace  and  love  between  these  two  Territories.  We  are  now  united, 
not  as  two  Territories,  but  as   Greater  Oklahoma.    (Applause.) 

Now  as  we  are  in  this  convention  to  make  a  Constitution,  and  as 
your  presiding  officer  I  shall  not  be  allowed  to  say  much,  I  am  going 
to  have  my  say  now.  In  the  first  place  I  want  to  thank  you  for  my 
election,  and  I  want  to  say  that  I  will  perhaps  take  an  unusual  course 
in  the  selection  of  the  committees.  I  am  going  to  select  every  com- 
mittee with  care.  I  am  going  to  take  time  to  investigate  the  political 
principles  and  character  of  every  Delegate  before  I  appoint  a  single 
committee.  I  want  all  Democrats  and  my  friends,  the  Republicans,  to 
hand  me  their  platforms  on  which  they  ran  in  the  campaign,  together 
with  a  statement  of  their  first,  second  and  third  choice  for  committees, 
because  there  may  be  a  conflict  where  you  will  have  to  take  second  or 
third  choice,  at  least  on  one  committee,  because  I  have  understood  that 
nearly  everyone  wants  to  be  appointed  on  the  committee  on  County 
Boundaries.  (Laughter.)  In  the  appointment  of  a  committee  as  I  see 
it,  there  are  two  things  to  consider.  First,  the  qualification.  Second, 
the  peculiar  views  relating  to  a  given  subject.  I  am  going  to  be  respon- 
sible lor  what  I  do,  and   if  a  man  gets  on  a  committee  that  represents 


CONVENTION    OF    OKLAH'O'MA.  17 

the  "interests"  he  will  get  there  deceiving  me.  In  this  connection  ' 
might  refer  to  some  things  and  repeat  some  of  the  things  that  1  said 
before  the  caucus  yesterday.  First,  let  us  make  a  Constitution  without 
the  sting  of  partisanry;  because  the  conditions  of  today  may  be  reversed 
tomorrow  and  you  may  thus  have  to  take  the  same  dose  yourself  that 
you  dosed  out  to  your  fellow  citizens.  The  provision  for  educatioti 
should  be  liberal  and  as  nearly  non-pai'tisan  as  possible.  It  should 
provide  for  the  education  of  every  child  in  the  State,  a  training  that 
will  fit  them  for  any  position  and  not  leave  the  child  with  merely  a  sen- 
timent for  a  profession  or  for  running  for  office.  The  child  must  be 
educated  in  things  practical;  in  things  that  they  can  use.  Let  us 
reverse  the  false  system  of  education  that  has  characterized  the  Amer- 
ican States.  As  we  look  about  us  and  see  the  great  Luther  Burbank, 
the  great  horticulturist,  and  see  the  achievements  that  he  has  brought 
forth,  we  can  only  say  that  there  is  but  one  and  there  should  be  a 
thousand  where  there  is  but  one.  It  is  highly  important  that  every  , 
citizen  have  some  general  education  to  make  a  good  citizen,  because 
Ihe  schoolboy  of  today  is  the  citizen  of  tomorroy,  wielding  out  the 
power  of  the  ballot  box  and  framing  governmental  policies  to  shape  the 
destinies  of  generations  yet  to  come.  The  school  girl  of  today  is  the 
mother  of  tomorrow,  and  occupying  the  distinctive  position  as  expressed 
by  Benjamin  Hill,  "The  hand  that  rocks  the  cradle  is  the  hand  that 
rules   the   world."       (Applause.) 

A  measure  of  vast  importance  will  be  to  provide  every  possible 
means  to  promote  home-owning  in  this  country,  because  its  home- 
owners are  its  mainstay.  All  writers  of  political  economy  and  history 
have  taught  us  that  a  nation  is  weak  or  strong  in  proportion  to  the 
number  of  home-owners.  That  nation  is  the  strongest  which  has  the 
greatest  number  of  home-owners  in  proportion  to  the  amount  of  soil 
and  population.  That  nation  is  the  weakest  which  has  the  fewest  num- 
ber of  home-owners  in  proportion  to  the  amount  of  soil  and  population. 
Ireland,  by  reason  of  a  few  men  owning  all  the  land,  has  had  the 
sympathies  of  the  civilized  world  poured  out  to  her  for  a  thousand 
years.  This  question  of  home-owning  touches  more  vitally  every  inter- 
est in  my  section  of  the  state,  the  Indian  Territory,  which  is  settled 
and  cultivated  by  tenant  classes  under  those  holding  great  bodies  of 
land  under  lease  contracts.  It  has  brought  about  a  deplorable  condi- 
tion in  that  section.  The  Indian  citizen  who  lives  in  the  city  engaged 
in  some  business  or  profession,  is  not  affected  gravely  as  is  the  Indian 
who  lives  out  on  his  larm  and  expects  to  make  it  his  home.  If  a  few  men 
and  great  corporations  are  to  get  control  of  the  lands  of  the  Indian  in  the 
Indian  Territory  portion  of  the  State,  the  removal  of  restrictions  will 
not  mean  happiness  and  prosperity,  but  rather  the  reverse.  You  will 
witness   the  conditions   when    each    town    has    its   land   agent,    the    repre- 


iJi  JOURxNAL  OF  CONSTITUTIONAL 

aentative  of  some  alien  or  toreig'ner  or  some  foreign  corporation  witii 
the  sole  desire  of  increased  rental.  They  will  care  little  about  tho 
society,  the  moral  character  or  intelligence  or  their  tenants.  They 
might  place  by  the  side  of  the  Indian  citizen  or  white  home-owner,  a 
Dago  or  a  John  Chinaman  as  quickly  as  they  would  a  good  citizen,  be- 
cause their  sole  desire  is  rent;  increased  rent.  Far  rather  would  I  be 
surrounded  by  the  owners  of  that  soil  who  could  become  my  neighbors 
and  who  could  assist  me  in  building  a  school  house  on  every  hill  and 
a  church  in  every  valley,  thus  promoting  prosperity  of  the  comniunit\ 
and   the  purity  of  society. 

I  have  other  views  on  which  I  desire  to  express  myself.  Of  courso 
my  views  may  be  different  from  yours,  but  as  I  shall  preside  it  will  be 
impossible  for  me  to  have  much  to  say,  as  I  said  in  the  beginning,  and 
J   shall  have  my  say  now. 

Relative  to  the  land  proposition.  The  evils  growing  out  of  the 
ownership  of  land  are  these:  Alien  ownership,  corporate  ownership 
and  uncertainty  of  ownership  and  expensive  transfer  of  title.  In  my 
native  state  there  is  a  tract  of  five  million  acres  of  land  owned  by  one 
British  subject.  Let  us  write  it  into  the  Constitution  that  no  alien  shall 
own  land  in  the  State  of  Oklahoma.  (Applause.)  Then  we  find  in  that 
same  state  as  we  do  in  Montana,  the  Dakotas  and  many  of  the  great 
states  of  the  West  where  one  man  owns  from  forty,  fiity  or  sixty  miles 
square,  or  enough  to  make  an  entire  county.  Candidly,  boys,  that  is 
too  much  for  one  fellow.  We  can  correct  this  evil.  We  should  not 
attempt  to  correct  it  as  our  socialist  friends  have  sometimes  said,  be- 
cause we  would  run  counter  to  the  Constitution  of  the  United  Spates, 
because  each  and  every  citizen  has  a  right  to  own,  buy  and  control 
all  the  pi'operty  of  whatever  kind  or  class  subject  only  to  the  taxation. 
But  since  the  power  to  tax  is  supreme  in  the  State,  or  to  use  the 
language  of  Chief  Justice  John  Marshall  in  the  celebrated  case  of  Mc- 
Cullough  vs.  The  State  of  Maryland:  "The  power  to  tax  is  the  power 
to  destroy."  We  can  take  this  same  power  and  apply  it  to  the  owner- 
ship of  land  in  such  a  way  as  to-  promote  home-owning  and  prevent 
landlordism  in  this  State.  While  we  do  not  seek  to  confine  a  citizen  to 
a  mere  garden  spot,  any  reasonable  amount  wf)uld  not  endanger  the 
safety  and  happiness  of  our  State.  Suppose  that  we  say  that  any 
citizen  owning  a  thousand  acres  of  land  of  average  taxable  value  shall 
pay  the  same  rate  of  tax  as  is  paid  upon  the  personal  property  of  the 
State,  and  any  person  owning  land  in  excess  of  a  thousand  acres  of  aver- 
age taxable  land  and  up  to  and  not  exceeding  fifteen  hundred  acres 
shall  pay  an  extra  tax  of  one  percentum  upon  the  excess,  and  any  per- 
son owning  fifteen  hundred  acres  and  up  to  and  not  exceeding  two 
thousand  acres,  shall  pay  an  extra  tax  of  two  percentum  extra  on  such 
excess,    and    any    person    owning    land    in    excess    of    two    thousand    acres 


COXVEXTIOX     OK    OKl.AHUMA.  l'.* 

and  up  to  three  thousand  shall  pay  an  extra  tax  of  live  percentuni,  and 
any  person  owning  in  excess  of  three  or  four  thousand,  shall  pay  an 
extra  tax  on  such  excess,  of  ten  percentum,  and  any  person  owning  land 
in  excess  of  that  amount  shall  continue  to  pay  a  graduated  increased  tax 
on  such  excess  until  the  person  owning  land  to  the  amount  of  twenty 
or  thirty  thousand  acres  should  have  to  pay  the  entire  value  each  arid 
every  year.  He  will  sell  some  of  it,  don't  you  think  he  will?  And 
don't  you  think  this  tendency  to  divide  the  great  bodies  of  real  estato 
would  destroy  the  evils  of  landlordism  and  promote  home-owning  in 
the  State  of  Oklahoma?      (Applause.) 

Now  the  next  evil.  We  must  provide  in  the  Constitution  that  no 
public  service  corporation  shall  own  any  more  land  than  that  which 
shall  be  necessary  to  operate  its  business.  We  must  provide  also  for 
the  easy  and  inexpensive  transfer  of  real  estate.*  Since  real  estat<- 
is  subject  to  registration  there  ought  to  be  somehow,  some  way  by 
which  the  citizen  would  not  be  couii)elled  to  undergo  the  exhorbitant 
expense  of  abstracts  and  the  opinion  of  attorneys  on  title,  which 
opinions  might  be  good  and  yet  might  not  be  worth  the  paper  they  are 
written  on.  There  might  be  some  plan  whereby  the  title  in  a  given 
piece  of  real  estate  can  be  ascertained  and  the  transfer  made  with  but 
little  cost  to  either  party,  and  there  is  a  system  known  as  the  "Tor- 
rens  Land  Registration  System,"  adopted  in  Australia  in  1854  and 
Installed  In  Massachusetts  In  1901.  The  Torrens  Land  System  is  short. 
is  a  simple,  easy,  Inexpensive  method  of  transfer  of  real  estate  together 
with  the  certainty  of  ascertaining  the  owner  of  any  particular  tract,  and 
when  a  purchase  is  made  the  State  will  stand  behind  the  title  and 
no  person  can  lose  his  home.  This  one  law  with  which  many  of  our 
citizens  are  not  acquainted,  is  a  law  that  every  citizen  in  the  State, 
rich  and  poor  alike,  will  endorse,  except  the  abstractors  and  land  law- 
yers. In  the  course  of  our  deliberations,  I  will  have  more  to  say  in 
detail  upon  the  subject,  but  by  all  means  we  must  adopt  it  for  the 
State  of  Oklahoma.  And  finally,  relative  to  the  land  grafting,  we  must 
make  it  unlawful,  or  at  least  refuse  to  charter  any  corporation  for 
the  purpose  of  buying,  selling  or  speculating  in  land  or  acting  as  land 
agent.  Let  the  individual  do  the  work.  Deny  that  right  to  the  cor- 
poration and  then  the  public  service  corporation  cannot  dodge  behind 
the  provision  prohibiting  their  ownership  of  lands  and  we  can  wipe  out 
the  evils  affecting  land-ownership  and  tlius  promote  home-owning  in 
the   State   of   Oklahoma. 

Another  evil  must  be  corrected.  We  read  of  an  insurance  company 
contributing  $47,000.00  to  the  Republican  campaign  fund,  and  of  more 
than  $1  ."),000.()00  as  the  aggregate  sum  contributed  by  Corporations 
in  1896  to  defeat  the  people's  choice,  William  J.  Bryan.  We  must 
provide  that  no  corporation  shall  contribute  funds  to  any  political  party 


20  JOURNAL  OF  CONSTITUTIONAL 

or  interfere  in  our  elections.  We  must  look  after  and  prevent  grafting 
in  lands  belonging  to  the  Indians.  If  Congress  does  not  destroy  graft- 
ing, the  State  can  use  the  power  to  tax  great  leases  and  force  them  into 
the  hands  of  farmers  who  will  then  have  the  advantage  of  buying  those 
lands,  when  alienable.  Relative  to  the  interests  of  labor.  "We  should 
provide  for  the  health  and  safety  of  the  miners  in  the  coal  mines  and 
protect  them  from  the  evils  and  dangers  to  which  in  the  past  they  hav« 
been  subject.  In  the  interests  of  labor  on  railroads  and  other  public 
works  we  should  provide  for  a  regular  day's  labor  of  eight  hours,  and 
that  no  railroad  or  other  corporation  shall  be  allowed  to  compel  an 
-employe  to  work  more  than  sixteen  hours  in  any  one  day.  Now  I  know 
some  people  are  in  favor  of  the  eight-hour  law,  eight  hours  before  din- 
ner and  eight  hours  after.  (Laughter.)  It  is  true  that  the  farmer,  who 
can  go  to  work  and  quit  when  he  pleases  without  losing  his  job,  does 
not  need  an  eight-hour  law,  but  the  laborer  on  the  railroad  does.  On 
the  road  running  through  my  town,  Tishomingo,  why  I  have  known  one 
crew  being  compelled  to  work  continuously  for  sixty-five  hours  without 
sleep.  These  people  must  have  our  protection.  We  must  provide  also 
that  where  a  railroad  corporation,  mine  operators  or  others,  require  of 
a  laborer  the  signing  of  a  contract,  which  would  exempt  him  from 
damages  in  case  of  death  or  injury,  that  such  contract  shall  be  null  and 
void.  We  shall  provide  for  the  protection  of  all  laborers,  whether  in 
mines,   factories  or  on   the  railroads. 

In  the  matter  of  corporations,  we  should  provide  that  a  corpora- 
tion shall  not  be  chartered  to  do  more  than  one  thing  and  that  all  cor- 
porations shall  be  confined  to  the  matters  and  things  authorized  by 
their  Charters.  Under  no  circumstances  should  we  allow  any  transpor- 
tation company  to  engage  in  the  coal  mining  business  or  oil  wells, 
farming  or  any  other  except  that  of  common  carrier.  We  must  declare 
all  transportation  companies  and  transmission  companies  common  car- 
riers, and  that  their  charges  be  fixed  by  law.  We  must  provide  for  a 
railway  commission  with  power  to  fix  and  enforce  reasonable  freight 
and  passenger  tariffs,  with  authority  to  make  a  fair  and  reasonable 
valuation  of  their  property  and  prevent  the  issuance  of  stocks  and 
bonds  by  such  corporations  except  for  money  paid,  labor  done  or  prop- 
erty actually  received,  because  there  can  be  no  such  thing  as  a  reason- 
able freight  rate  without  a  reasonable  and  fair  valuation  of  the  prop- 
erty of  the  carrier.  There  is  quite  a  distinction  between  a  reasonable 
rate  and  a  uniform  rate.  A  uniform  rate,  or  rather  a  rate  that  pre- 
vents discrimination  between  shipper  and  shipper  and  town  and  town, 
is  good  as  far  as  it  goes,  and  the  railroad  and  other  carriers  are  per- 
fectly satisfied  with  the  law  preventing  discrimination  if  you  will  let 
them  fix  the  amount  of  their  rate,  because  they  could  fix  that  rate 
four  times  or  more  than  what  it  should  be.     A  just  rate  is  a  rate  that 


CONVENTION    OF    OKLAHOMA.  21 

gives  them  fair  returns  upon  their  investments.  The  Supreme  Court 
of  the  United  States  has  said  that  each  State  must  give  the  railroad 
companies  a  rate  sufficiently  high  to  enable  them  to  pay  interest  upon 
their  bonds  and  reasonable  dividends  upon  their  stocks.  We  should 
compel  each  and  every  corporation  doing  business  in  this  state  to  have 
headquarters  in  this  State  and  subject  themselves  to  the  jurisdiction  of 
the  Courts  of  this  State.  We  should  see  fd  it  that  they  pay  their  just 
share    of    taxation. 

We  should  adopt  a  provision  prohibiting  the  mixed  marriages  of 
negroes  with  other  races  in  this  State,  and  provide  for  separate  schools 
and  give  the  Legislature  power  to  separate  them  in  waiting  rooms  and 
on  passenger  coaches,  and  all  other  institutions  in  the  State.  We  have 
no  desire  to  do  the  negro  an  injustice.  We  shall  protect  him  in  his 
real  rights.  No  one  dan  entirely  be  said  to  educate  him  or  civilize  an- 
other. We  must  provide  the  means  for  the  advancement  of  the  negro 
race,  and  accept  him  as  God  gave  him  to  us  and  use  him  for  the  good 
of  society.  Roosevelt's  dismissal  of  the  regiment  of  negro  trool)s  is  an 
unanswerable  argument  of  the  failure  of  the  negro  as  a  soldier.  As  a 
rule  they  are  failures  as  lawyers,  doctors  and  in  other  professions.  Hp 
must  be  taught  in  the  line  of  his  own  sphere,  as  porters,  bootblacks  and 
barbers  and  many  lines  of  agriculture,  horticulture  and  mechanics  in 
which  he  is  an  adept,  but  it  is  an  entirely  false  notion  that  the  negro 
can  rise  to  the  equal  of  a  white  man  in  the  professions  or  become  an 
equal  citizen  to  grapple  with  public  questions.  The  more  they  are 
taught  in  the  line  of  industry  the  less  will  be  the  number  of  dope 
fiends,  crap  shooters  and  irresponsible  hordes  of  worthless  negroes 
around  our  cities  and  towns.  I  am  a  descendant  of  an  ex-slave  holder, 
reared  in  a  community  where  freedmen  were  in  the  majority.  I  know 
them  from  "A"  down  to  "Z."  I  know  their  traits  and  in  some  things 
I  appreciate  them  as  an  integral  part  of  the  State.  I  have  represented 
them  in  the  courts,  worked  them  on  my  farm  and  know  them  thor- 
oughly. I  appreciate  the  old-time  ex-slave,  the  old  darky — and  they 
are  the  salt  of  their  race — who  comes  to  me  talking  softly  in  that 
humble  spirit  which  should  characterize  their  action  and  dealings  with 
the  white  man,  and  when  they  thus  come  they  can  get  any  favor  from 
me.  (Applause.)  When  a  negro  says  to  me:  "Set  'em  up,"  or  taps 
me  on  the  shoulder  us  would  an  associate  or  equal  friend  1  would  want 
to  land  on  his  shins;  but  when  he  comes  to  me  with  his  hat  under 
his  arm  humbly  saying,  "Cap'n"  or  "Boss"  give  me  a  cigar,  1  would 
give  it  to  him  if  it  required  the  last  cent  that  I  had  with  which  to  pur- 
chase it,  and  this  class  of  darkies  can  get  all  the  favors  I  can  possibly 
give.  We  have  illustrations  in  our  own  country  as  to  the  proper  treat- 
ment of  the  negro.  The  worst  negroes  of  which  I  know  In  my  terri- 
tory are  in  the  Creek  nation,  where  they  have  been  allowed  to  vote,  hold 


22  JOURNAL  OF  CONSTITUTIONAL 

office,  atteud  school  with  the  Creek  Tribe  under  compulsion  of  the  gov- 
ernment in  their  effort  to  amalgamate  the  negro,  ever  since  the  Civil 
War.  While  in  the  Chickasaw  Nation,  he  has  never  been  adopted,  never 
allowed  to  sit  on  juries,  never  taught  professions,  he  has  only  been 
taught  matters  of  industry;  there  they  are  humble  and  never  has  there 
been  a  case  of  a  Chickasaw  Freedman  being  guilty  of  that  heinous 
crime  upon  women  of  the  country  which  causes  mob  violence,  and 
where  their  actions  are  appreciated  and  their  rights  most  fully  pro- 
tected. This  illustration  and  this  comparison  of  the  two  tribal  treat- 
ments gives  us  a  key  to  the  proper  understanding  of  the  negro.  I  doubt 
the  propriety  of  teaching  him  in  the  public  schools  to  run  for  office  or 
to  train  him  for  professions,  but  his  training  should  be  equal  so  far  as 
the  appropriations  of  fund.s  are  concerned  to  that  of  any  other  race. 
but  he  should  be  taught  agriculture,  mechanics  and  industries  that 
would  make  of  him  a  being  serviceable  to  society.  At  the  same  time 
let  us  provide  in  the  Constitution  that  he  shall  have  equal  rights  before 
the  Courts  of  the  -country,  that  he  shall  have  whatever  is  due  him,  but 
teach  him  that  he  must  lean  upon  himself,  rise  by  bis  own  exertions, 
hew  out  his  own  destiny  as  an  integral  but  separate  element  of  the 
society     of  the  State  of  Oklahoma.      (Applause.) 

In  the  matter  of  organizing  government  of  municii)alities  we 
should  provide  for  the  largest  measure  of  local  control  consistent  with 
the  interests  of  the  State.  We  should  guard  against  the  evils  growing 
out  of  the  issuance  of  bonds  and  the  granting  of  franchises.  We  have 
read  of  the  scandals  growing  out  of  the  bribery  of  the  City  Council  of 
St.  Louis,  and  the  corruption  in  Cincinnati,  Chicago  and  Philadelphia. 
We  should  provide  that  no  franchise  should  be  granted  by  any  city 
until  the  same  is  ratified  by  a  majority  of  the  voters  of  said  city  and 
"then  they  should  not  be  made  exclusive.  In  the  matter  of  all  corpora- 
Lions,  there  should  be  conditions  of  charter  forfeiture,  which  would  In 
a  great  measure  make  them  careful  to  obey  the  law.  We  have  this  in 
the  laws  of  France,  where  the  reason  of  such  forfeiture  to  the  State 
government  ownership  of  railroads  is  less  made  necessary  than  any 
other  State  in  Europe. 

As  a  further  means  of  preventing  corruption,  bribery  and  fraud, 
from  Constable  to  Governor,  who  accepts  any  railroad  free  pass,  any 
frank  or  other  privilege,  so  often  practiced  in  the  surrounding  states, 
and  which  has  grown  up  to  be  the  cheapest  means  of  bribery  of  the 
century,  we  should  say  to  every  public  officer  that  if  he  rides  on  a  free 
pass  that  he  will  also   ride  in  stripes  to  the  penitentiary.      (Applause.) 

We  should  adopt  the  initiative  and  referendum,  patterned  after 
the  law  in  force  in  the  Republic  of  Switzerland  and  in  the  State  of 
Oregon.  The  only  argument  offered  against  this  system  is  that  the 
people    are    not    consei-vative,    while    the    history    of    the    optional    power 


CONVENTION    OF    OKLAHOMA.  23 

shows  that  the  people  are  more  conservative  than  reform  leaders.  The 
fact  that  the  people  have  this  power  will  prevent  bribery  of  the  mem- 
bers of  the  Legislature.  The  fact  that  they  "have  this  power  will  make 
It  unnecessary  to  use  it.  It  has  been  in  force  in  Switzerland  since 
1874  and  has  been  used  but  four  times,  and  twice  when  used  the  people 
voted   down  the  government  ownership  of  certain  utilities. 

The  Initiative  and  Referendum  as  in  force  in  Switzerland  has  pre- 
vented the  evil  which  now  threatens  all  European  states.  The  extreme 
doctrine  of  socialism  is  now  disturbing  every  state  in  Europe  except 
Switzerland.  There  are  three  principles  of  Initiative  and  Referendum. 
One  advocated  by  the  revolutionary  socialists,  which  is  in  force  in  five 
of  the  Cantons  (or  state)  of  Switzerland,  and  that  is  that  every  law- 
must  be  submitted  to  a  vote  of  the  people.  This  has  been  proven  both 
expensive  and  uncertain  and  is  a  failure.  '  People  would  stay  away  from 
the  polls  when  a  great  number  of  laws  were  submitted  and  few  would 
go  to  vote  except  those  directly  or  indirectly  interested.  This  system  is  a 
failure  from  every  point  of  view.  There  Is  another  system  which  is 
ineffective.  The  best  system  of  Initiative  and  Referendum  advocated 
by  the  sensible  element  of  the  socialists  and  all  Democrats,  is  the 
optional  Initiative  and  Referendum,  which  I  mentioned  before  as  it  Is 
used  in  Oregon.  Another  power  sometimes  spoken  of  as  the  "Recall" 
or  "Imperative  Demand"  is  a  political  principle  advocated  by  the  social- 
ists and  which  is  very  indefinite  as  to  meaning.  I  have  never  yet  had 
any  person  to  give  me  a  satisfactory  explanation  of  the  "Recall."  They 
sometimes  speak  of  it  as  being  in  force  in  Oregon,  but  it  is  not.  If  the 
"Recall"  means  the  dismissal  of  an  officer  who  fails,  neglects  or  refuses 
to  do  his  duty,  or  who  violates  the  law  in  the  exercise  of  his  official 
duties,  then  I  am  in  favor  of  it.  If  it  is  a  power  whereby  an  officer  may 
be  dismissed,  whereby  perchance,  in  the  ecercise  of  his  duty,  he  does 
something,  although  admitted  to  be  lawful,  but  by  reason  of  his  doing  the 
same  a  majority  of  the  people  are  in  opposition  thereto,  then  I  am  opposed 
to  it,  because  it  would  have  a  tendency  to  weaken  the  courage  of  our 
officials  rather  than  encouraging  them  to  do  their  duty.  In  some  sections 
it  would  operate  to  create  mob  violence,  many  illustrations  of  which, 
had  I  the  time,   I  could  give  you. 

We  should  provide  for  a  non-partisan  Board  of  Health  with  the  power 
to  maintain  quarantine,  the  collection  of  vital  statistics,  regulate  the 
practice  of  pharmacy  and  medicine,  but  without  preference  to  any  school 
of  medicine,  and  I  believe  that  every  physician  who  has  practiced  for  a 
reasonable  number  of  years  under  a  certificate  or  diploma  should  have 
the  right  to  continue  in  his  profession  without  being  harassed  by  further 
pxamiuation. 

One  of  the  best  means  of  advertising  our  State  is  by  a  system  of 
low  taxation.     Let  us  limit  the  amount  of  bonds  which  can  be  issued  so 


24  JOURNAL  OF  CONSTITUTIONAL 

as  to  base  them  on  the  amount  of  taxable  property  in  order  that  our 
children  may  not  be  burdened  with  the  follies  which  we  commit.  Let 
us  provide  that  all  property  shall  be  assessed  upon  its  cash  valuation 
and  reverse  the  policy  of  "swearing  down"  the  tax  duplicate,  which  in 
itself  is  a  bad  moral  tendency.  Then  let  us  place  a  limitation  on  the 
power  to  tax  so  that  no  citizen  shall  be  compelled  to  pay  more  than  two 
dollars  on  the  hundred  dollars  for  all  State  and  County  purposes,  and  in  or- 
der to  make  up  the  deficiency  let  us  levy  an  income  and  inheritance  tax. 
Then  let  us  levy  a  gross  receipts  tax  upon  the  output  of  all  coal  mines, 
oil  wells,  railroads,  express  and  other  transportation  companies.  The 
coal  mines  in  the  Choctaw  Nation  cannot  be  taxed,  as  there  is  no  way 
by  which  we  can,  under  an  advalorem  system,  tax  those  lands,  but  if  we 
put  a  gross  receipts  tax  upon  the  operator  it  will  be  constitutional  and 
will  give  us  one-half  million  dollars.  The  output  of  the  oil  wells  will 
give  us  another  half  million  dollars,  the  railroads,  express  companies  and 
others  will  give  us  upwards  of  one  million  dollars,  making  a  total  of 
upwards  of  two  million  dollars.  These  two  million  dollars,  together  with 
the  income  arising  from  the  State  School  Lands,  distributed  to  all  parts 
of  the  State  in  proportion  to  the  scholastic  population,  would  educate 
evei'y  child  in  the  State,  as  this  source  of  revenue  would  increase  and 
would  keep  pace  with  the  increase  of  population.  We  may  be  met  with 
the  cry  that  this  tax  should  not  be  levied,  but  I  submit  to  you  that  sur- 
plus wealth  of  this  country  should  pay  for  its  surplus  protection.  (Ap- 
plause.) Surplus  wealth  cannot  go  to  war,  it  seldom  pays  any  expenses 
of  war  and  many  of  the  great  wars  that  are  made  between  nations  and  the 
civil  strifes  in  the  nations  themselves,  are  directly  or  indirectly  the  out- 
gi'owth  of  excessive  wealth,  and  it  is  nothing  more  than  justice  to  make 
this  surplus  wealth  pay  for  its  surplus  protection.  Russia,  despotic 
Russia,  derives  its  expenses  of  government  from  income,  and  today  the 
party  in  power  in  the  Republic  of  France  has  set  the  gauge  of  battle  and 
planted  themselves  upon  the  proposition  that  all  expenses  of  the  French 
Republic  shall  be  paid  upon  incomes,  and  that  the  tax  upon  the  living 
wealth  shall  be  abolished.  Do  you  know  it  is  possible  for  any  ordinary 
liver  to  pay  as  much  tax  as  is  paid  by  Carnegie,  of  the  Steel  Trust? 
Under  the  present  system  in  force  in  the  Federal  Government  of  raising 
revenue  upon  tariffs,  which  is  merely  a  tax  on  the  consumption  of  the 
citizen,  it  amounts  practically  to  a  poll  tax  in  which  every  man,  irre- 
spective of  his  wealth  or  position,  pays  the  same. 

Let  us  at  all  times  provide  for  the  supremacy  of  the  civil  over  the 
military  power  in  this  State.  Indeed,  let  us  do  all  things  to  protect 
every  man,  woman  and  child  in  this  State.  Let  the  rights  of  the  mer- 
chant and  professional  man,  together  with  those  o'f  the  farmer  and 
laborer,  have  a  place  and  sound  footing  in  the  Constitution  of  Oklahoma. 
(Applause.) 


CONVENTION     OF    OKLAHOMA.  25 

Do  not  let  us  make  a  one-sided  Constitution,  but  let  us  make  it 
as  broad  as  the  entire  citizenship  of  the  State.  Let  us  make  good  every 
platform  pledge  and  do  all  things  within  our  power  to  do,  but  no  more. 

There  are  many  things  that  we  cannot  do.  Would  to  God  that  we 
could  do  more,  would  to  God  that  we  could  say  to  Great  Britain,  "Hands 
off  Ireland;  to  Russia,  "Hands  off  the  Jew:'  to  Hitchcock  and  other 
grafters,  "Hands  off  the  Indian  and  his  property."  (Great  applause.) 
But  since  we  cannot  do  all  things  there  are  many  things  we  can  do.  We 
must  conserve  the  public  interests  in  every  way  possible.  We  must  shut 
our  ears  to  the  clamor  of  "Special  Interests"  and  corporate  graft  and 
greed.  There  is  but  one  interest.  I  know  of  no  interest  save  the  public 
interest.      (Applause.) 

Already  the  lobbyists  representing  the  so-called  "Special  Interests," 
are  preaching  into  the  ears  of  our  members  to  maintain  a  conservative 
course  and  to  call  a  halt,  but  let  us  march  forward,  let  us  march  for- 
ward in  solid  battalions  against  the  quartette  of  the  railroads.  Standard 
oil,  coal  operators  and  land  grafters  whenever  they  marshal  their  forces 
against  the  people.  (Great  applause.)  Muhlbach  in  her  history  relates 
the  incident  when  the  fates  seem  to  have  turned  against  the  "man  of 
destiny" — he  turned  to  the  drummer  boy  and  said,  "Beat  a  retreat." 
The  boy  replied,  "Sire,  1  know  no  retreat.  Desaix  taught  me  no  retreat, 
but  I  can  beat  a  charge.  I  can  beat  a  charge  that  will  cause  the  Im- 
perial dead  to  fall  into  line.  I  beat  that  charge  at  the  bridge  of  Lodi; 
I  beat  at  the  pyramids.  Oh  that  I  may  beat  it  here."  The  charge  was 
ordered  and  the  laurels  of  Marengo  added  to  the  crown  of  Napoleon. 
Let  us  take  courage  of  the  drummer  boy  and  order  a  charge  and  the 
laurels  of  the  patriots  of  Oklahoma  and  the  plaudits,  "Blessed  be  the 
Constitutional  Convention,"  will  be  sounded  throughout  all  generations 
down  to  the  remotest  syllable  of  worded  time.      (Great  applause.) 

Let  us  avoid  the  extremes  of  radical  socialism  on  the  one  side  and 
extreme  conservatism  on  the  other,  the  extreme  of  a  few  men  owning 
everything  on  the  one  side  and  nobody  owning  anything  on  the  other. 
(Applause.) 

In  brief  and  in  conclusion,  in  framing  the  organic  law  for  the  future 
State  of  Oklahoma: 

"That  the  fair  form  may  stand  and  shine. 
Make  bright  our   days  and   light  our   dreams, 
Turning  to  scorn  with  lips  divine. 
The  falsehood  of  extremes." 

I  thank  you.      (Applause.)     Again  I  thank  you.   (Contiued  applause.) 

C.    N.    Haskell,    Delegate   from    the   Seventy-Sixth   District,   placed    in 

nomination  Peter  Hanraty,  Delegate  from  the  Ninetieth  District,  for  the 


26  JOURNAL  OP  CONSTITUTIONAL 

office  of  Vice  President  of  the  Constitutional  Convention.  Nomination 
seconded  by  J.  S.  Buchanan,  Delegate  from  the  Thirty-Fourth  District. 
H.  L.  Cloud,  Delegate  from  the  Twenty-Third  District,  placed  in  nom- 
ination C.  O.  Frye,  Delegate  from  the  Eighty-Fourth  District,  for  the 
office  of  Vice  President  of  the  Constitutional  Convention.  No  other 
nominations  being  made,  motion  was  made  by  J.  A.  Baker,  Delegate 
from  the  Eighty-First  District,  that  the 'vote  be  taken  by  rising  vote 
Motion  carried.  Upon  vote  being  taken  C.  O.  Frye  received  ten  votes 
and  Peter  Hanraty  receiver  ninety-seven  votes,  whereui)on  Peter  Hanraty, 
having  received  a  majority  vote  of  all  the  Delegates  elected,  was  declared 
the  duly  elected  Vice  President  of  the  Constitutional  Convention. 

A  Committee  consisting  of  C.  N.  Haskell  and  C.  O.  Frye  was  ap- 
pointed  to   escort   Vice   President-elect   Hanraty   to    the   platform. 

Mr.  Hanraty  was  escorted  to  the  platfonji  and  addressed  the  con- 
vention as  follows: 

Mr.  President  and  Fellow  Members  of  the  Convention:  I  thank 
you  for  the  honor  you  have  done  me.  by  electing  me  Vice  President  of 
this  Convention,  and  I  trust  that  in  the  administration  of  the  duties  of 
this  office,  I  may  be  able  to  merit  your  confidence  and  show  myself 
worthy  of  the  honor  you  have  bestowed  upon  me.  I  heartily  endorse  all 
that  has  been  said  by  our  President  and  see  little  room  for  expansion 
upon  his  suggestions.  We  are  "up  against"  some  grave  problems  and 
serious  duties  and  the  eyes  of  the  world  are  upon  us,  and  it  behooves 
us  to  make  the  best  possible  solution  to  every  question  that  arises,  and 
let's  endeavor  to  write  the  best  Constitution  that  the  world  has  ever 
seen.      (Applause.)      Again   I   thank   you. 

C.  N.  Haskell,  Delegate  from  the  Seventy-Sixth  District,  placed  in 
nomination,  Mr.  John  M.  Young,  for  the  office  of  Secretary  of  the  Con- 
stitutional Convention.  It  ,was  moved  and  seconded  that  the  nomina- 
tions close  and  that  John  M.  Young  be  elected  by  acclamation.  Motion 
carried.  Thereupon  a  vote  was  taken  and  John  M.  Young,  having 
received  the  unanimous  vote  of  the  Convention,  was  duly  declared  by 
the  President  to  be  elected  Secretary  of  the  Constitutional  Convention. 
W.  A.  Ledbetter,  Delegate  from  the  One  Hundred  and  Third  District, 
placed  in  nomination  W.  A.  Durant  for  the  office  of  Sergeant-at-Arms. 
No"  other  nominations  being  made  it  was  moved  and  seconded  that  nom- 
inations close  and  W.  A.  Durant  be  elected  to  the  office  of  Sergeant-at- 
Arms  by  acclamation.  Motion  prevailed.  A  vote  was  taken  and  W.  A. 
Durant.  having  received  the  unanimous  vote  of  the  Convention,  was 
declared  by  the  President  elected  Sergeant-at-Arms. 

C.  N.  Haskell,  Delegate  from  the  Seventy-Sixth  District,  nominated 
n.  C.  Oates,  for  Assistant  Sergeant-at-Arms.  It  was  moved  and  seconded 
1  hat  nominations  close,  that  D.  C.  Oates  be  elected  Assistant  Sergeant-at- 
Arms,   by    acclamation.      Motion    carried.      Thereupon   a   vote   was    taken 


CONVENTION    OF    OKLAHOMA.  2  7 

and  D.   C.   Oates  was  duly   elected   Assistant  Sergeant-at-Arms. 

W.  J.  Caudlll,  Delegate  from  the  Fiftieth  District,  placed  in  nom- 
ination Rev.  Frank  Naylor  for  the  office  of  Chaplain  of  the  Constitu- 
tional Convention.  No  other  nominations  being  offered  it  was  moved  and 
seconded  that  the  nominations  close  and  that  Rev.  Frank  Naylor  be 
elected  Chaplain  of  the  Constitutional  Convention  by  acclamation.  Motion 
carried.  Vote  was  taken  and  Rev.  Frank  Naylor  having  received  the 
unanimous  vote  of  the  Convention,  was  duly  declared  by  the  President 
elected  Chaplain  of  the  Constitutional  Convention. 

W.  H.  Kornegay,  Delegate  from  the  Fifty-Ninth  District,  introduced 
the  following  resolution,  and  moved  its  a3option:  Be  it  resolved. 
That  the  chair  appoint  a  committee  of  three,  whose  duty  it  will  be  to 
notify  the  President  of  the  United  States,  the  Governor  and  other  Ter- 
ritorial Officers  of  the  Territory  of  Oklahoma,  the  Judges  of  the  Okla- 
homa Territorial  Courts,  the  Judges  of  the  United  States  Courts  in  the 
Indian  Territory,  and  the  Commissioner  to  the  Five  Civilized  Tribes, 
that  the  Delegates  of  the  Constitutional  Convention  of  the  Proposed 
State  of  Ok'lahoma  are  now  in  Convention  assembled  and  to  extend  an  in- 
vitation to  each  of  said  officers  to  attend  its  sessions.  Motion  seconded 
and  resolution  adopted  by  unanimous  vote.  President  Murray  appointed 
the  following  Delegates  as  members  of  said  committee:  Messrs.  W.  H. 
Kornegay,  Delegate  from  the  Fifty-Ninth  District;  E.  F.  Messenger,  Del- 
egate from  the  Eighty-Second  District,  and  W.  J.  Caudill,  Delegate  from 
the   Fiftieth  District. 

J.  C.  Graham,  Delegate  from  the  One  Hundred  and  Sixth  District, 
offered  the  following  resolution  and  moved  its  adoption:  Resolved, 
That  the  President  of  the  Convention  appoint  a  committee  of  seven  to 
consider  and  report  to  the  Convention  when  it  re-assembles  tomorrow, 
the  number  and  designation  of  standing  committees  for  the  Conven- 
tion. Motion  seconded  and  resolution  adopted.  Thereupon  the  follow- 
ing Delegates  were  named  upon  said  committee:  Messrs.  R.  L.  Wil- 
liams, District  108;  W.  C.  Hughes,  District  28;  Flowers  Nelson,  District 
68;  Peter  Hanraty,  District  90;  D.  S.  Rose.  District  15;  J.  C.  Graham, 
District   106,   and   E.   R.   Williams,   District   3. 

Henry  E.  Asp,  Delegate  from  the  Twenty-Fifth  District,  offered  the 
following  resolution  and  moved  its  adoption:  Whei'eas,  It  is  believed 
that  the  appropriation  made  by  Congress,  by  Section  5  of  the  Act  of 
Congress,  entitled  "An  Act  to  enable  the  people  of  Oklahoma  and  the 
Indian  Territory  to  form  a  State  government  and  be  admitted  into  the 
Union  qu  an  equal  footing  with  the  Original  States  and  to  enable  the 
people  of  New  Mexico  and  of  Arizona  to  form  a  Constitution  and  State 
government  and  be  admitted  into  the  Union  upon  an  equal  footing  with 
the  original  States."  Approved  June  16th,  1906, — is  inadequate  for 
defraying  the  expenses  of  the  elections  provided  for  in  said  Act  and  this 


28  JOURNAL   OF  CONSTITUTIONAL 

Convention,  and  for  the  payment  of  the  members  thereof,  and  is  inade- 
quate to  furnish  this  Convention  with  the  wherewith  to  pay  the  officers 
and  employees  necessary  for  the  orderly  and  proper  conduct  of  the  bus- 
iness of  this  Convention. 

Therefore,  be  it  resolved,  That  a  committee  of  ten  of  the  members 
of  this  Convention  be  appointed  by  the  Chairman,  or  presiding  officer,  of 
this  Convention  for  the  purpose  of  conferring  with  the  disbursing  officer 
of  the  Government  of  the  United  States  under  said  Act  and  to  ascertain 
and  make  report  to  this  Convention  of  the  amount  of  money  already 
expended  under  said  Act  and  to  submit  to  this  Convention  an  estimate 
of  the  amount  of  money  necessary  to  defray  the  actual  and  necessary 
expenses  of  this  Convention,  including  the  payment  of  the  members, 
mileage,  and  the  necessary  employees,  and  the  probable  expenses  of  an 
election  to  be  called  by  this  Convention  to  sumbit  the  Constitution  to  be 
framed  by  this  Convention  to  the  people  of  the  New  State  of  Oklahoma 
for  their  adoption  or  rejection,  to  the  end  that  a  proper  memorial  may 
be  framed  and  adopted  by  this  Convention  to  be  presented  to  the  Con- 
gress, requesting  an  additional  appropriation  for  the  purpose  of  this 
Convention  and  to  defray  the  expenses  contemplated  by  said_Act  of  Con- 
gress. 

The  motion  was  seconded  and  the  resolution  adopted.  The 
President  announced  that  he  would  appoint  the  Committee  as  provided 
for  in  said  resolution,  during  the  session  of  the  Convention  of  November 
21st,  1906. 

N.  B.  Gardner,  Delegate  from  the  Ninety-First  District,  offered  the 
following  resolution  and  moved  its  adoption: 

Resolved,  That  the  President  appoint  a  committee  of  three  to 
ascertain  and  report  the  officers  and  employes  necessary  to  complete  the 
permanent  organization  of  this  Convention  as  eai'ly  as  practicable. 
Motion  seconded.  It  was  moved  as  an  amendment  to  said  resolution  that 
the  committee  report  at  the  opening  of  the  session,  November  21st. 
Motion  to  amend  was  seconded  and  carried.  The  resolution  as  amended 
was  adopted.  The  President  appointed  Chas.  H.  Pittman,  Delegate  from 
ihe  Eleventh  District:  N.  B.  Gardner,  Delegate  from  the  Ninety-First  Dis- 
trict; Luke  Roberts,  Delegate  from  the  Forty-Ninth  District,  as  members 
of  said  committee. 

T.  J.  Leahy,  Delegate  from  the  Fifty-Sixth  District,  offered  the  fol- 
lowing resolution  and  moved  its  adoption: 

Resolved,  That  we  extend  our  thanks  to  the  citizens  of  Guthrie 
lor  obtaining  for  the  Constitutional  Convenlibn  the  Brooks  Opera  House 
for  the  opening  of  the  Constitutional  Convention,  November  20th,  1906. 
Motion   seconded   and    resolution   adopted. 

It  was  moved  and  seconded  that  the  Convention  take  a  recess  until 
10  o'clock  a.  m.,  November  21st,  1906,  and  to  meet  in  the  regular  Con- 


CON  VP:  NT  I  ox    OF    OKLAHOMA.  29 

vontion   CMiaiuber   provided    for    the   sittings  of   this   Convention.      Motion 
prevailed,  and  tlie  Convention  took  recess  in  accordance  with  the  motion. 

Wednesday,   November  21,    190(> — 10    A.    M. 

Convention  met  pursuant  to   recess. 

Roll  was  called  and  all  members  found  to  be  present,  except  Messrs. 
Covey,  Hogg  and  Hughes.  The  President  announced .  the  following 
members  upon  the  committee  as  provided  in  the  resolution  offered  by  Mr. 
Asp  and  adopted  by  the  Convention,  providing  for  a  committee  to  ascer- 
tain the  necessary  appropriation  to  defray  the  expenses  of  this  Con- 
vention, etc.:  Henry  Asp,  Homer  P.  Covey,  J.  E.  Sater,  E.  T.  Houston, 
H.  L.  Cloud,  W.  D.  Jenkins,  J.  H.  N.  Cobb,  W.  A.  Cain,  W.  B.  Hudson, 
and  C.  O.  Frye.     The  Journal  of  yesterday  was  read.  „ 

It  was  moved  by  R.  L.  Williams  that  the  vote  by  which  Wm.  H. 
Murray  was  elected  President  on  yesterday  be  re-considered.  Motion  sec- 
onded. Mr.  Johnston  moved  to  amend  the  motion  to  read,  That  the  roll  call 
be  entered  in  the  Journal  upon  the  vote  taken  for  President.  Motion  sec- 
onded. Upon  motion  of  Mr.  Ledbetter  all  motions  were  laid  on  the 
'table. 

The  name  of  Hughes  was  by  the  President  ordered  stricken  from 
the  Committee  appointed  to  report  the  number  and  designation  of  stand- 
ing committees  for  the  reason  that  Mr.  Hughes  was  unable,  on  account 
of  sickness,  to  attend  the  sessions  of  the  Convention,  and  Mr.  Hopkins 
was  placed  on  said  committee. 

On  motion  of  Mr.  Rose  a  committee  of  three  was  appointed  by  the 
President  to  assist  the  Secretary  in  revising  the  Journal  of  November 
20th,  1906.  The  President  appointed  on  said  committee  Messrs.  Rose, 
Ellis  and  R.   L.  Williams. 

Upon  motion  of  Mr.  Johnston  the  further  consideration  of  the 
Journal   was  dispensed  with. 

Upon  motion  of  Mr.  King  it  was  ordered  that  after  roll  call  and 
reading  of  the  Journal  each  morning,  the  President  administer  the  oath 
of  office  to  members  not  already  sworn  in.  Carlton  Weaver,  Delegate- 
elect  from  the  Eighty-Seventh  District,  anfl  James  I.  Wood,  Delegate- 
elect  from  the  Eigthy-Ninth  District,  presented  their  certificates  of  elec- 
tion and  the  President  administered  to  them  the  oath  of  office. 

Upon  motion  of  Mr.  Haskell  a  committee  of  three  was  appointed  to 
allot  seats  to  the  Delegates,  said  allotment  to  be  made  by  the  drawing 
of  tickets.  The  President  appointed  upon  said  committee  Messrs.  lias- 
kell,  Rose  and  Baker. 

Mr.  Baker  offered  the  following  resolution  and  moved  its  adoption: 

Resolved,  That  we,  the  Delegates  elected  to  the  Constitutional  Con- 
vention, to    form   a  Constitution   and   State   Government  for  the   State   oC 


30  JOURNAL  OF  COXSTITUTIOXAL 

Oklahoma,    under   and    in   pursuance   to    the    iollo\Ying    Act    of    Congress, 
to-wit: 

"An  Act  to  enahle  the  people  of  Oklahoma  and  Indian  Territory  to 
form  a  Constitution  and  State  Government  and  be  admitted  to  the  Union 
on  an  equal  footing  with  the  original  states;  and  to  enable  the  people 
of  New  Mexico  and  of  Arizona  to  form  a  Constitution  and  State  Gov- 
ernment and  be  admitted  into  the  Union  on  an  equal  footing  with  the 
original  states."  Approved  l6th  day  of  June,  A.  D.  1906 — having  taken 
the  oath  of  office  and  duly  organized  and  having  chosen  the  necessary 
officers  of  said  Convention,  do  hereby  and  now  declare  on  behalf  of  the 
people  of  the  proposed  State  of  Oklahoma,  That  they  adopt  the  Con- 
stitution of  the  United  States  as  the  highest  and  paramount  law  of  the 
State  of  Oklahoma.'.' 

Mr.  Ledbetter  moved  to  strike  out  from  said  resolution  the  follow- 
ing words:  As  the  highest  and  paramount  law  of  the  State  of  Okla- 
homa. Mr.  King  seconded  the  motion.  Mr.  Helton  moved  that  all 
motions  be  tabled,  which  motion  was  lost  for  want  of  a  second.  Mr. 
Kornegay  moved  as  a  substitute  that  the  whole  matter  be  referred  to  a 
committee  of  three,  for  the  purpose  of  drafting  a  suitable  resolution,  to 
be  reported  to  the  Convention.  Mr.  Helton  seconded  the  motion.  Upon 
motion  of  Mr.  Caudill  the  previous  question  was  ordered;  the  motion  of 
Mr.  Kornegay  prevailed.  The  President  appointed  on  the  committee 
Messrs.  Kornegay,  Baker  and  Rose. 

Mr.  Pittman,  chairman  of  the  committee  appointed  to  ascertain  and 
report  on  the  officers  and  employes  necessary  to  complete  the  permanent 
organization  of  this  Convention,  offered  the  following  report  and  moved 
its  adoption: 

We,  your  committee,  appointed  to  determine  the  additional  officers 
needed  for  the  proper"  service  of  the  Constitutional  Convention,  beg 
leave  to  report:  That  we  have  consulted  with  the  heads  of  the  various 
departments  and  find  that  there  are  needed,  to  be  appointed  by  the  Sec- 
retary, a  Minute  Clerk  at  five  dollars  per  day,  and  a  Chief  Enrolling 
and  Engrossing  Clerk,  a  Reading  Clerk  and  a  Journal  Clerk  at  four  dol- 
lars per  day  each. 

To  be  appointed  by  the  Sergeant-at-Arms,  two  doorkeepers,  four 
cloak-room  attendants,  two  watchmen,  and  a  messenger  at  four  dollars 
per  day  each,  and  four  janitors  and  two  ushers  at  two  dollars  and  fifty 
cents  a  day  each. 

To  be  appointed  by  the  President,  a  Postmaster,  a  mail  carrier,  and 
three  committee  stenographers,  at  four  dollars  per  day  each;  five  pages 
at  two  dollars  per  day  each;   a  secretary  to  the  President  at  four  dollars 


CONVENTION  OF  OKl.AHOMA.  31 

per  day,  and  three  official  reporters  and  stenographers  at  six  dollars  per 
day  each. 

To  be  elected  by  the  Convention,  a  Second  Vice  President. 
Respectfully  submitted, 

C.    H.    PITTMAN, 
NEIL    B.     GARDNER, 
LUKE    ROBERTS. 

Upon  motion  of  Mr.  Asp,  the  report  was  amended  to  read,  That  all 
officers  and  employes  mentioned  in  said  report,  except  the  Second  Vice 
President  and  Reading  Clerk,  be  appointed  by  the  President  and  con- 
firmed by  the  Convention. 

Mr.  R.  L.  W^illiams,  chairman  of  the  committee  appointed  to  report 
the  number  and  designation  of  standing  committees  for  this  Convention, 
offered  the  following   report  and   moved  its  adoption: 
To  the  Honorable  W.  H.  Murray,  President  of  the  Convention: 

The  undersigned  in  the  discharge  of  the  duties  devolved  upon  theta 
by  the  resolution  adopted  November  20th,  1906,  beg  leave  to  report  that 
they  have  considered  the  subject  referred  to  them  on  the  question  of 
designation  of  standing  committees  for  the  Convention  and  herewith 
submit  their  report,  and  respectfully  recommend  the  adoption  of  the 
following  standing  committees  to  be  appointed  by  the  President: 

First— ^Committee  on  Rules  and  Procedure,  to  consist  of  seven  mem- 
bers. 

Second — Committee  on  Preamble  and  Bill  of  Rights,  to  consist  of 
eleven  members. 

Third — Committee  on  Federal  Relations,  to  consist  of  ten   members. 

Fourth — Committee  on  Legislative  Department,  to  consist  of  fifteen 
members. 

Fifth — Committee  on  Judicial  Department,  to  consist  of  fifteen  mem- 
bers. 

Sixth — Committee  on  Executive  Departments,  to  consist  of  fifteen 
members. 

Seventh^Committee  on  Suffrage,  to  consist  of  fifteen  members. 

Eighth — Committee  on   Education,  to  consist  of  fifteen   members. 

Ninth — Committee  on   Agriculture,   to  consist  of  fifteen  members. 

Tenth — Committee  on  Immigration,  to  consist  of  eleven  members. 

Eleventh — Committee  on  Crimes  and  Punishment,  to  consist  of  nine 
members. 

Twelfth — Committee  on  Private  Corporations,  to  consist  of  fifteen 
members. 

Thirteenth — Committee  on  Railroads  and  Public  Service  Corpora- 
tions, to  consist  of  fifteen  members. 

Fourteenth — Committee  on  Municipal  Corporations,  to  consist  of 
fifteen   members. 


32  JOURNAL  OP  CONSTITUTIONAL 

Fifteenth- — Committee  on  Revenue  and  Taxation,  to  consist  of  fifteen 
members. 

Sixteenth — Committee  on  Public  Institutions  and  State  Buildings,  to 
consist  of  fifteen  members. 

Seventeenth — Committee    on    Road    and    Internal    Improvements,    to 
consist   of    fifteen    members. 

Eighteenth — Committee    on    Privileges    and    Elections,    to    consist    of 
fifteen  members. 

Nineteenth — Committee  on   Enrollment  and   Engrossment,  to   consist 
of  seven  members. 

Twentieth — Committee   on    Salaries    of    Public    Offices,    to    consist   of 
eleven  members. 

Twenty-one — Committee  on  Public  Printing,  to  consist  of  eleven  mem- 
bers. 

Twenty-two — Committee    on    Mines    and    Mining,    to    consist    of   fifteen 
members. 

Twenty-three — Committee   on    Labor    and    Arbitration,    to   consist   of 
fifteen  members. 

Twenty-four — Committee  on   Primary  Elections,   to  consist  of  eleven 
members. 

Twenty-five — Committee  on   Banks  and   Banking,   to   consist  of  nine 
members. 

Twenty-six — Committee    on    Homestead    and    Exemptions,    to    consist 
of  nine  members. 

Twenty-seven — Committee  on  State  Militia,  to  consist  of  nine  mem- 
bers. 

Twenty-eight — Committee    on    County    and    County    Boundaries,    to 
consist  of  fifteen  members. 

Twenty-nine — Committee  on    State   and   School   Lands,    to  consist  of 
fifteen  members. 

Thirty — Committee     on    Legislative    Apportionment,     to     consist     of 
fifteen  members. 

Thirty-one — Committee    on    .ludicial    Apportionment,    to    consist     of 
fifteen   members. 

Thirty-two — Committee    on    Printing    and    Reporting,    to    consist    of 
seven  members. 

Thirty-three — Committee  on  Liquor  Traffic,  to  consist  of  fifteen  mem- 
bers. 

Thirty-four — Committee  on   Manufactures  and  Commerce,   to  consist 
of  eleven  members. 

Thirty-five — Committee  on  Ordinances,  to  consist  of  nine   members. 

Thirty-six — Committee  on   County  Organization  and   Government,  to 
consist  of  nine  members. 


CONVENilON  OF  OKLAHOMA.  33 

Thirty-seveu — Committee  on  Accounts  and  Expenses,  to  consist  oi' 
nine  members. 

Thirty-eight — Committee  on  Compilation  and  Arrangement,  to  con- 
sist of   eleven  members. 

I'hirty-nine — Committee  on  General  Provisions,  to  consist  oi'  nine 
members. 

All  of  which  is  respecttully  submitted. 

R.   L.    WILLIAMS,   Chairman. 
J.  C.  GRAHAM,  Secretary. 

D.  S.    ROSE, 
PETER   HANRATY, 

E.  R.   WILLIAMS, 
FLOWERS     NELSON, 
PHILIP    B.    HOPKINS. 

On  motion  of  Mr.  Johnston,  action  on  the  report  of  the  committee 
was  deferred  until  the  morning  session,  November  2  2nd,  and  the  report 
ordered  printed  and  placed  on  the  desks  of  the  Delegates.  Mr.  Asp  moved 
to  amend  the  report  by  adding  to  the  list  of  committees,  a  Committee  ou 
Insurance.  Upon  a  point  of  order,  the  motion  was,  by  the  President, 
declared  out  of  order. 

Upon  motion  of  Mr.  Herring  the  Convention  took  recess  until  2  p.  m. 

Afternoon   Session,   November  21,   1906 — 3   P.   M. 

Mr.  Curl,  on  behalf  of  the  loyal  Democracy  of  the  Fifty-Seventh  Dis- 
trict, presented  the  President  with  a  gavel. 

Upon  motion  of  Mr.  Haskell,  the  following  resolution  was  unani- 
mously adopted: 

Resolved,  That  permission  be  given  to  adorn  the  walls  of  the  Con- 
vention Chamber,  with  the  portraits  of  the  father  of  the  government, 
Thomas  Jefferson,  and  the  savior  of  honest  principles,  W.   J.  Bryan. 

Mr.    Haskell,   chairman   of  the   Committee  on   Allotment  of  Seats   to 
Delegates,  offered  the  following  report: 
To  the  Constitutional   Convention: 

We,  your  committee  appointed  to  assign  seats  to  the  Delegates  in 
the  Convention,  respectfully  report  and  recommend  that  seats  be  assigned 
to  Delegates  in  the  following  manner:  That  seats  numbered  56  to  60, 
both  inclusive,  and  98  to  105,  both  inclusive,  be  set  apart  for  the  use 
of  the  Republican  members,  to  be  assigned  among  themselves  in  such 
manner  as  they  may  agree  upon. 

That  all  remaining  seats  shall  be  assigned  to  the  Democratic  mem- 
bers in  the  following  manner:  That  the  number  of  the  District  repre- 
sented by  each  Democratic  Delegate  be  written  on  a  separate  slip  or 
ticket,  and  that  these  slips  or  tickets  be  placed  in  a  box  and  thoroughly 
shaken  so   as   to  thoroughly    mix  and   distribute  same,   and   that  each  of 


34  JOURNAL  OF  CONSTITUTION2^.L 

said  Delegates  draw  one  slip  or  ticket  from  said  box,  and  that  the  num- 
ber of  said  slip  or  ticket  drawn  corresponding  with  the  number  desig- 
nating the  desks  or  seats  shall  be  the  seat  of  such  Delegate.  That  said 
box  be  shaken  after  a  drawing  is  made  and  before  another  shall  be 
made. 

C.  N.  HASKELL,   Chairman. 
J.    A.    BAKER, 

D.  S.    ROSE. 

On  motion,  the  report  of  the  committee  was  received   and   adopted. 

On  motion  of  Mr.  Pittman  the  Convention  proceeded  to  the  election 
of  the  Second  Vice  President  and  a  Reading  Clerk.  Mr.  Pittman  placed 
in  nomination  for  the  office  of  Second  Vice  President,  Mr.  Albert  H. 
Ellis,  Delegate  from  the  Fourteenth  District.  Mr.  J.  B.  Harrison  nominated 
Mr.  P.  E.  Herring,  Delegate  from  the  Forty-Eighth  District.  Mr.  Helton 
and  Mr.  Allen  seconded  the  nomination  of  Mr.  Ellis.  Nominations  were 
closed,  and  upon  a  vote  Mr.  Ellis  received  fifty-one  votes  and  Mr.  Herring 
thirty.     The  President  declared  Mr.  Ellis  Second  Vice  Presdent. 

Nominations  for  Reading  Clerk  were  then  declared  the  order.  Mr. 
Messenger  nominated  Mr.  Albert  S.  Lee,  of  Ardmore.  Mr.  Swarts  nom- 
inated W.  W.  Vandiver,  of  Coweta.  Mr.  Johnston  nominated  R.  E.  L 
Bagby,  of  Perry.  Mr.  Roberts  nominated  R.  T.  Williams,  of  Altus.  Mr. 
Board  nominated  Claud  McCrory.  Mr.  Sandlin  seconded  the  nomination 
of  Mr.  Claud  McCrory.  Mr.  Herring,  Mr.  Bowers,  Mr.  Caudill  and  Mr. 
Banks  seconded  the  nomination  of  R.  T.  Williams.  Mr.  Johnston  moved 
that  nominations  close.  Unanimous  consent  was  granted  Mr.  Hausam  to 
address  the  convention  and  he  seconded  the  nomination  of  R.  E.  L. 
Bagby.  The  motion  of  Mr.  Johnston  was  then  put  and  carried.  Upon 
motion  of  Mr.  Wyatt,  the  five  candidates  for  Reading  Clerk  appeared 
before  the  Convention  in  the  order  of  their  nomination  and  gave  an 
exhibition   of  their  qualifications  for  the  oflice. 

A  roll  call  being  demanded,  Claude  McCrory  received  thirty-seven 
votes,  W.  W.  Vandiver  received  eighteen  votes,  R.  E.  L.  Bagby  received 
seventeen  votes,  and  R.  T.  Williams  thirty-three  votes.  No  candidate  hav- 
ing received  a  majority  of  all  the  votes  cast  the  President  ordered  the 
Secretary  to  call  the  roll  the  second  time.  At  this  time  the  name  of  W. 
W.  Vandiver  was  withdrawn.  Upon  the  second  ballot  R.  E.  L.  Bagby 
received  twenty  votes.  Claud  McCrory  received  thirty-eight  votes,  and  R. 
T.  Williams  received  fifty-one  votes.  No  candidate  having  received  a 
majority  of  the  votes  cast,  the  President  ordered  the  Secretary  to  call  the 
roll  for  a  third  time.  Upon  the  third  ballot  R.  E.  L.  Bagby  received  eight 
votes,  Claud  McCrory  received  thirty-one  votes,  and  R.  T.  Williams 
received  sixty-three  votes.  R.  T.  Williams  having  received  a  majority 
of  all  the  votes  cast,  and  a  majority  of  the  vote  of  the  Delegates  of  the 
Convention,    was   by    the    President    declared    elected    as   Reading    Clerk. 


CONVENTION  OF  OKLAHOMA.  35 

Upon   motion  of   Mr.    Johnston,   the  election  of   Mr.    Williams   was   made 
unanimous. 

Mr.  Baker,  on  behalf  of  the  committee  to  whom  was  referred  the 
resolution  offered,  adopting  on  behalf  of  the  people  of  Oklahoma,  the 
Constitution  of  the  United  States,  offered  the  following  report  and  moved 
its  adoption: 

Mr.  President:  We,  your  committee,  to  whom  was  referred  the 
resolution  offered  this  morning,  adopting  on  behalf  of  the  people  of 
Oklahoma,  the  Constitution  of  the  United  States  beg  leave  to  make  the 
following  report: 

In  lieu  of  said  resolution,  we  report  the  same  by  substitute  as  fol- 
lows: 

Whereas,  The  Enabling  Act  provides  that  a  declaration  be  made  by 
the  Delegates  to  this  Convention  ado])ting  the  Constitution  of  the  United 
States:  Therefore,  be  it  Resolved,  By  the  organized  Convention,  that 
the  Delegates  elected  to  the  Constitutional  Convention  for  the  proposed 
State  of  Oklahoma,  assembled  in  Guthrie,  the  seat  of  government  of  said 
Oklahoma  Territory,  do  declare  on  behalf  of  the  people  of  said  proposed 
State,  that  they  adopt  the  Constitution  of  the  United  States. 

We  recommend  the  adoption  of  the  foregoing  resolution  in  lieu  of 
and  as  a  substitute  for  the  original. 

Respectfully  submitted, 

W.    H.     KORNEGAY. 
J.   A.   BAKER, 
D.    S.    ROSE. 
The  report  of  the  committee  w^as  adopted. 

On  motion  of  Mr.  Henshaw,  the  President  was  authorized  to  admin- 
ister the  oath  of  office  to  all  employes  of  this  Convention,  including 
Pages. 

On  motion  of  Mr.  Pittman,  the  Secretary  was  authorized  to  make 
the  record  show  that  Mr.  Hughes  received  the  oath  of  office  as  a  Dele- 
gate to  this  Convention  in  his  room  in  the  City  of  Guthrie.  He  being 
unable  to  attend  the  session  on  account  of  sickness. 

On  motion  of  Mr.  Johnston,  seconded  by  Mr.  Banks,  the  following 
resolution   was  adopted: 

Be  it  Resolved,  That  until  the  regular  rules  are  adopted,  this  Con- 
vention shall  convene  from  day  to  day  at  the  hour  of  ten  o'clock  a.  m., 
and  adjourn  at  twelve  o'clock  m.  until  two  o'clock  p.  m.,  at  which  hour 
the  session  shall  reconvene  unless  a  different  time  shall  be  ascertained 
by  special  motion  therefor. 

Mr.   Haskell   presented   the   contest  papers   and   notice   of  contest   In 

the  case  of  Thos.  Harrell,  contestant,  vs.  James  A.  Harris,  contestee,  from 

the  Seventy-First  Constitutional  Delegate  District  of  the  proposed   State. 

On    motion   of  Mr.    Johnston,   the   reading  of  the  Enabling   Act   was 


36  JOURNAL  OF  CONSTITUTIONAL 

made  the  order  of   business   after  the  report   of  the   committees   at  the 
morning  session,  Thursday,  November  23rd. 

The  announcement  was  made  that  David  Hogg,  Delegate  from  Dis- 
trict 43,  was  present,  the  President  administered  to  Mr.  Hogg  the  oath 
of  office,  and  he  took  his  seat  in  the  Convention. 

At  this  time  the  committee  allotted  the  seats  to  the  Delegates  in 
accordance  with  the  resolution  adopted. 

President  Murray  announced  the  appointment  of  Owen  Watts,  of 
Sallisaw,  as  Page.  Upon  motion,  the  appointment  was  confirmed  by  the 
Convention. 

On  motion  of  Mr.  Haskell,  the  Secretary  was  ordered  to  retain  the 
box  containing  the  undrawn  numbers  for  seats,  until  the  absent  mem- 
bers were  present. 

President  Murray  announced  the  appointment  of  Albert  Greenwood, 
of   Guthrie,   as   Page.      On   motion   of  Mr.    Dearing,   the   Convention    took 
recess   until    10   o'clock   a.    m.,   Thursday,   November   22nd,    1906. 
Thursday,    Noyember  22,    1906 — 10   A.   M. 

Convention  met  pursuant  to  recess.  Roll  was  called  and  all  mem- 
bers present  except  Messrs.  Covey  and  Hughes.  Journal  of  November 
21  was  read.  Upon  motion  of  Mr.  Rose  it  was  ordered  that  the  words. 
Therefore,  be  it  resolved  by  the  Convention,  after  organization,  as  fol- 
lows, be  stricken  from  the  resolution  offei'ed  by  the  committee,  appoint- 
ed to  draft  a  resolution,  adopting  on  behalf  of  the  people  of  Oklahoma, 
the  Constitution  of  the  United  States,  and  inserting  in  lieu  thereof  the 
following  words:  Therefore,  be  it  resolved  by  the  organized  Conven- 
tion.    Journal  approved  as  corrected.  • 

Upon  motion  of  Mr.  Pittman,  Chairman  of  the  Committee  on  Em- 
ployes of  the  Convention,  the  President  was  authorized  to  appoint  four 
additional  Pages  to  the  Convention  and  one  Page  to  the  President.  -The 
President  announced  the  following  appointments:  Secretary  to  the  Pres- 
ident, L.,  T.  Russell.  On  motion  of  Mr.  Johnston  the  appointment  was 
confirmed.  Pages  to  the  Convention:  Lon  Smith,  George  Kelly,  Frank 
Burke,  Harold  Hayes,  Edward  Gait,  Robert  E.  Jackson  and  Walter 
Beadles.     On  motion  of  Mr.  Johnston,  the  appointments  were  confirmed. 

Postmaster,  S.  O.  Dawes.  On  motion  of  Mr.  Hausam,  the  appoint- 
ment was  confirmed.  Mail  carrier,  John  M.  Day.  On  motion  of  Mr. 
Johnston,  the  appointment  was  confirmed.  Official  stenographers  and 
reporters,  A.  R.  Taylor  and  S.  A.  Oppliger.  On  motion  of  Mr.  Pittman, 
the  appointments  were  confirmed. 

Committee  stenographers,  G.  C.  Stark  and  Harry  P.  Stonum.  On 
motion  of  Mr.   Stowe  the  appointments  were  confirmed. 

Messenger,  James  E.  Thomas.  On  motion  of  Mr.  Pittman,  the 
appointment  was  confirmed. 

Minute    clerk,    O.    G.    Harper.      On    motion    of    R.    L.    Williams,    the 


CONVENTION  OF  OKLAHOMA.  37 

appointment  was  confirmed. 

Journal  Clerk,  E.  C.  Patton.  On  motion  of  Mr.  Weaver,  the  appoint- 
ment was  confirmed. 

Chief  enrolling  and  engrossing  clerk,  R.  E.  Bagby.  On  motion  of 
Mr.  Johnston,   the  appointment  was  confirmed. 

Doorkeepers,  J.  A.  McLean  and  M.  C.  Clarke.  On  motion  of  Mr. 
Hayes,    the    appointments   were   confirmed. 

Ushers,  J.  M.  Miller  and  J.  M.  Murray.  On  motion  of  Mr.  Ellis,  the 
appointments  were  confirmed. 

Day  watchman,  Mike  O'Brien.  On  motion  of  Mr.  Johnston,  the 
appointment   was   confirmed. 

Night  watchman.  Con  Herrington.  On  motion  of  Mr.  Johnston,  the 
appointment  was  confirmed. 

Cloak  Room  Attendant,  C.  \V.  Meek.  On  motion,  the  appointment 
was  confirmed. 

Janitor,  John  Alexander.  On  motion  of  Mr.  Johnston,  the  appoint- 
ment was  confirmed. 

Page  to  President,  Clive  Murray.  On  motion  of  Mr.  Pittman,  the 
appointment  was  confirmed. 

Mr.  Pittman  moved  the  adoption  of  the  report,  as  printed,  of  the 
Committee  on  Designation  of  Standing  Committees.  Mr.  Leahy  moved 
to  amend  the  report,  adding  a  Committee  on  Public  Works,  a  Com- 
mittee on  Insurance,  a  Committee  on  Impeachment  and  Removal  from 
Office,  and  the  last  named  committee  to  take  the  place  of  Committee  No 
23,  on  the  printed  report,  and  Committee  No.  23,  as  reported  by  the  com- 
mittee, take  No 

On    motion    of    Mr.    Johnston,    the    Convention    resolved    itself    into 
Committee  of  the  Whole,  to  consider  special  orders  of  the  day,  with  Mr. 
Johnston  in  the  chair.      At  the  noon  hour  the  Committee  of  the  Whole 
reported  progress  and  Convention  took  recess  until    2  p.   m. 
Afternoon  Session,   November  22,   1906 — 2  P.   M. 

Convention  reconvened  pursuant  to  recess.  On  motion  of  Mr.  Leahy, 
the  report  of  the  Committee  of  the  Whole,  as  made  before  adjournment, 
was  adopted. 

Homer  P.  Covey,  Delegate-elect,  Fourth  District  of  Oklahoma,  appeared 
with  his  certificate  of  election  and  the  President  administered  to  him  the 
oath  of  office  and  he  took  his  seat  in  the  Convention. 

The  President  then  administered  the  oath  of  office  to  the  following 
named  employes  of  the  Convention:  Mike  O'Brien,  Day  Watchman;  R.  E. 
Bagby,  Chief  Enrolling  and  Engrossing  Clerk;  James  E.  Thomas,  Mes- 
senger; J.  M.  Murray  and  J.  M.  Miller,  Ushers;  J.  A.  McLean  and  M. 
Clark,  Doorkeepers. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
upon   consideration    of    the   report   of    the   Committee    on    Designation    of 


38  JOURNAL  OF  COXSTITUIIONAL 

Standing  Committees,   with  Mr.   Johnston  in   the  chair.      The  Committee 
of  the  Whole  arose  and  made  the  following  report: 
Mr.  President: 

Your  Committee  of  the  Whole  Convention,  to  whom  was  referred 
the  report  of  the  Committee  on  Standing  Committees,  having  had  under 
consideration  the  said  report,  begs  to  make  the  following  report  thereon: 

A — That  section  be  amended  by  adding  the  words.  Of  which  the 
President  shall  be  ex-officio  member,  so  that  the  same  shall  read  as 
follows: 

First.  Committee  on  Rules  and  Procedure  to  consist  of  seven  members, 
of  which  the  President  shall  be  ex-officio  a  member. 

B — To  amend  Section   Ten   to   read  as  follows: 

Tenth.      Committee  on  Immigration  to  consist  of  eleven  members. 

C — Amending   paragraph   seventeen   to   read  as   follows: 

Seventeen.  Committee  on  Public  Roads  and  Highways  and  Internal 
Improvements,   to  consist  of  fifteen  members. 

D — That  Section  Twenty  be  amended  to  read  as  follows: 

Twenty.  Committee  on  Salaries  and  Compensation  of  Public  Offi- 
cers, to  consist  of  eleven  members. 

E — To  amend  paragraph  twenty-two  to  read  as  follows: 

Twenty-two.  Committee  on  Mines  and  Mining,  Oil  and  Gas,  to  con- 
sist of  fifteen  members. 

F — To   create   a  new  committee.   No.    22-A. 

Twenty-two-A.  Committee  on  Geological  Survey,  to  consist  of  seven 
members. 

G — To  strike  out  the  committee  Numbered  23,  and  reinsert  the  same 
as  No.  40,  and  to  insert  in  lieu  thereof  the  following  words: 

Twenty-three.  Committee  on  Impeachment  and  Removal  from 
Office,   to  consist  of  fifteen   members. 

H — To  amend  paragraph  twenty-five  to  read  as  follows: 

Twenty-five.  Committee  on  Banks  and  Banking,  Loan,  Trust  and 
Guaranty    Companies,    to   consist   of  nine   members. 

I — To  create  a  new  committee.  No.  25-A. 

Twenty-five-A.  Committee  on  Insurance,  to  consist  of  eleven  mem- 
bers. 

.1 — To   amend   paragraph   thirty-two   ,to   read  as  follows: 

Thirty-two.  Committee  on  Convention  Printing  and  Reporting,  to 
consist  of  seven   members. 

K — To  amend  Section  Thirty-five,  as  follows: 

Thirty-five.  Committee  on  Ordinances,  to  consist  of  fifteen  mem- 
bers. 

L — To  amend  Section  Thirty-six,  to  read  as  follows: 

Thirty-six.  Committee  on  County  and  Township  Organization  and 
Government,  to  consist  of  nine  members. 


CONVENTION  OF  OKLAHOMA.  39 

M — To  amend   Section   Thirty-seven,  to   read  as   follows: 

Thirty-seven.  Committee  on  Convention  Accounts  and  Expenses,  to 
consist  of  nine  members. 

N — To  amend  Section  Thirty-eight,  to  read  as  follov/s: 

Thirty-eight.  Committee  on  Revision,  Compilation,  Style  and  Arrange- 
ment to  consist  of  eleven  members.  Said  committee  to  report  to  this 
Convention. 

O — To  amend  Section   Thirty-nine,   to  read  as  follows: 

Thirty-nine.  Committee  on  General  Provision,  Constitutional 
Amendments,  and  Revision,  to  consist  of  nine  members. 

P — To  amend  said  report  by  adding  the  following  new  matter,  first, 
as  shown  above: 

Forty.  Committee  on  Labor  and  Arbitration,  to  consist  of  fifteen 
members. 

And   the   following   new  committees: 

Forty-one.  Committee  on  The  Schedule,  to  consist  of  fifteen  mem- 
bers. 

Forty-two.  Committee  on  Public  Debt  and  Public  Works,  to  con- 
sist of  fifteen  members. 

Forty-three.  Committee  on  Public  Health  and  -Sanitation,  and  the 
Practice  of  Medicine  and  Pharmacy,  to  consist  of  eleven  members. 

All  of  which  is  respectfully  submitted  and  upon  which  the  com- 
mittee do  recommend  that  said  report  of  said  Committee  on  Standing 
Committees  do  pass  as  herein  amended. 

HENRY  S.   JOHNSTON, 
Chairman   of  the   Committee   of   the   Whole. 

On  motion  the  report  of  the  Committee  of  the  Whole  was  adopted. 

On  motion  of  Mr.  Ellis,  the  following  resolution  was  adopted: 

Whereas,  There  are  members  to  whom  smoking  is  offensive;  there- 
fore, 

Be  it  Resolved,  That  all  smoking  upon  the  floor  of  the  Convention 
hall  be  prohibited  during  the  hours  of  sitting  of  the  Convention. 

Mr.  Littlejohn,  on  behalf  of  Jesse  Watts  and  the  Democracy  of  the 
Seventy-eighth  and  Eighty-fourth  Delegate  Districts,  presented  a  boquet 
of  chrysanthemums   to   the   President. 

On  motion  of  Mr.  Hayes,  the  following  resolution  was  adopted: 

Resolved,  That  the  President  appoint  a  committee  of  three  to  invite 
the  Honorable  O.  B.  Colquitt  to  address  the  Convention  at  his  earliest 
convenience,  on  the  Texas  Railroad  Commission  law. 

On  motion  of  Mr.  Haskell,  Colonel  W.  H.  Moore,  President  of  the 
Good  Roads  Association,  was  invited  to  visit  and  address  the  Conven- 
tion. 

On  motion  of  Mr.  Hausam,  the  following  resolution  was  adopted: 

Resolved,  That  we  extend  to  the  Honorable  W.  J.  Bryan  an  invita- 


40  JOURNAL  OF  CONSTITUTIONAL 

tion  to  visit  and  address  this  Convention,  some  time  during  our  deliber- 
ations. 

On  motion  of  Mr.  Savage,  the  following  resolution  was  adopted: 

Resolved,  That  we  extend  an  invitation  to  Honorable  W.  J.  Bailey  to 
attend  and   address  this  Convention   some  time   during  its   session. 

On  motion   of   Mr,    Leahy,   the   following   resolution   was  adopted: 

Resolved,  That  the  President  of  this  Convention  be  requested  to 
invite  the  Honorable  John  Sharpe  Williams,  of  Mississippi,  to  address 
this  Convention  at  some  time  during  its  sessions. 

On  motion  of  Mr.  R.  L.  .Williams,  the  President  was  authorized  to 
appoint  a  committee  to  extend  an  invitation  to  Honorable  R.  M.  LaFol- 
lette  to  address  this  Convention  on  the  subject  of  Railroad  Rate  Leg^isla- 
tion.  Messrs.  R.  L.  Williams,  J.  L.  Mitch  and  T.  J.  Leahy  were  appointed 
on  this  committee. 

On  motion  of  Mr.  Pittnian,  providing  for  such  a  committee,  the 
President  appointed  a  committee  composed  of  Mr,  Pittman,  Mr,  Hopkins, 
and  Mr,  Weaver  to  extend  an  invitation  to  the  Senate  Committee,  now  at 
Ardmore,   to  visit  the  Constitutional   Convention. 

On  motion  of  Mr.  Caudill,  Honorable  Henry  Watterson,  Governor 
J.  C.  W.  Beckham  and  Governor  Bob  Taylor  were  extended  an  invitation 
to  address  the  Convention  at  some  time  during  its  sessions. 

On  motion  of  Mr.  Kornegay,  an  invitation  was  extended  to  President 
Roosevelt  to  address  the  Convention  during  its  session. 

Mr.  Herring  moved  that  the  Convention  declare  in  favor  of  the 
Initiative  and  Referendum.  On  point  of  order  by  Mr.  Haskell,  the  motion 
was  ruled  out  of  order. 

The  President  appointed  the  following  Committee  on  Rules  and  Pro- 
cedure: Messrs.  Hayes,  King,  Pittman,  Sandlin,  Johnston  and  Hopkins. 
On  motion  of  Mr.  Ellis,   the  appointments  were  confirmed. 

The  President  appointed  D.  F.  Gore  as  a  Committee  Stenographer, 
and  on  motion  of  Mr.  Ellis,  the  appointment  was  confirmed. 

On  motion  of  Mr.  Kornegay,  the  President  of  the  Convention  was 
empowered  to  appoint  a  committee  of  nine,  whose  duty  it  shall  be  to 
hear  all  contests  for  seats  in  this  Convention  and  that  said  committee  be 
instructed  and  empowered  by  this  Convention  to  cause  the  evidence  of 
the  contestants  and  contestees  to  be  taken,  and  that  the  committee  be 
instructed  and  empowered  to  transmit  such  evidence  to  the  Convention, 
together  with  the  recommendation  of  said  committee  for  such  action  by 
the  Convention  as  may  be  proper. 

On  motion  of  Mr.  Pittman.  the  following  resolution  was  adopted: 

Resolved,  That  the  Convention  allow  the  use  of  the  hall  to  the  news- 
l)aper  representatives,  organized  under  the  name  of  the  "Pig  Iron  Club," 
for  an  evening  or  evenings,  for  the  purpose  of  holding  their  projected 
Constitutional  Convention,  provided  that  it  does  not  interfere  with  some 


CONVENTION  OF  OKLAHOMA.  41 

deliberation  of  this  body.      On  motion  of  Mr.  Ellis,  the  Convention  took 
recess  until   10. o'clock  a.  m.,  November  23,   1906. 

Friday,    November    23rd,    1906 — 10    A.    M. 

Convention  met  pursuant  to  recess.  Roll  was  ca;lled  and  all  the 
members  were  present  except  Mr.  Hughes,  who  was  absent  on  account  of 
sickness. 

On  motion  of  Mr.  Asp,  a  committee  of  three  on  mileage  of  the  Del- 
egates was  appointed  to  confer  with  Secretary  Filson.  The  President 
apointed  Messrs.  Asp,   Curl  and  Messenger  as  said  committee. 

The  Journal  of  November  22nd  was  read,  corrected  and  approved. 

The  President  appointed  the  following  committees:  On  invitation  to 
Honorable  O.  B.  Colquitt,  Messrs.  Allen,  Baker  and  Tenor.  On  election 
contests,  Messrs.  Kornegay,  Rose,  Covey,  Nelson,  Graham,  Curl,  Houston, 
Langley  and  Henshaw. 

E.  R.  Williams  offered  the  following  resolution: 

We,  the  Constitutional  Convention  of  Oklahoma,  assembled  at 
Guthrie,  this,  the  21st  day  of  November,  1906,  recognizing  the  profes- 
sional lobbyist  whose  purpose  is  to  obtain  special  privileges  for  the 
moneyed  interests,  as  the  most  insiduous  and  dangerous  enemy  of  the 
fi-ee  people,  a  free-booter  in  legislation,  the  contemptible  seducer  of  indi- 
vidual honor,  deserving  of  the  eternal  proscription  of  an  awakened, 
though  long-suffering  public,  and  it  being  rumored  that  this  usurper  of 
the  people's  rights  is  on  the  grounds  of  this  Convention  to  ply  his 
nefarious  and  hireling  trade  and,  being  committed  as  we  are  by  party  and 
personal  honor,  and  by  choice  as  well  as  pledge  to  form  an  ideal  instru- 
ment of  justice,  second  to  none  of  its  kind;    therefore,  be  it 

Resolved,  By  unanimous  and  emphatic  voice  of  this  body,  that  we 
defy  and  scorn  any  agency  in  this  Conventional  work  that  even  smells 
of  bribery;  and  we  earnestly  request  and  of  right  demand  that  all  citi- 
zens of  State,  County  and  City  assist  in  apprehending  and  bringing  to 
speedy  and  signal  justice  any  violation  of  law. 

On  motion  of  Mr.  Pittman,  the  resolution  was  referred  to  the  Com- 
mittee on  Rules. 

On  motion  of  Boone  Williams,  Judge  Sheppard,  of  South  McAlester. 
was  invited  to  address  the  Convention  on  the  subject  of  "The  Surface  of 
the  Segregated  Coal  Lands."  Judge  Sheppard  then  addressed  the  Con- 
vention. 

Clive  Murray  appeared  and  took  the  oath  of  office  as  Page  to  the 
President. 

R.   L.  Williams  offered   the  following  resolution: 

Resolved,  That  a  committee  of  seven  be  appointed  by  the  President 
to  prepare  a  separate  memorial  to  the  Congress  of  the  United  States, 
relating  not  only  to  surface  lands  of  the  segregated  mineral  belts  in  the 
Indian  Territory,  but  also  relating  to  oil,  gas  and  timber  land;   said  com- 


42  JOURNAL  OF  CONSTITUTIONAL 

mittee  to  report   said  memorial  to   this   Convention   at  the  earliest  date 
practicable. 

Boone  Williams  moved  the  adoption  of  the  following  memorial  as  a 
substitute,  which  was  lost: 

Guthrie,  Okla.,   Nov.  ,    1906. 

To  the  Congress  of  the  United  States,  Washington,  D.   C: 

We,  the  representatives  of  the  people  of  Oklahoma,  in 
Constitutional  Convention  assembled,  respectfully  memorialize  the 
Congress  of  the  United  States  to  provide  for  the  sale  of  the 
segregated  coal  and  asphalt  lands  in  the  Choctaw  and  Chicka- 
saw Nations,  in  tracts  not  ecceeding  160  acres  to  any  one 
purchaser,  to  actual  settlers  only,  for  the  reason  that  the  sale  of  the  sur- 
face, separate  and  apart  from  the  mineral,  will  produce  the  best  price  to 
the  Indian  owner,  and  furnish  funds  for  immediate  distribution  among 
Choctaw  and  Chickasaw  Indians  who  are  in  pressing  need  of  money  to 
improve  their  allotments. 

This  sale  to  actual  settlers  will  furnish  homes  to  a  thrifty  class  ot 
farmers  who  will  aid  in  the  mineral  and  moral  development  of  the  State 
of  Oklahoma.  For  the  further  reason  that  this  vast  area  of  500,000 
acres  of  untaxed  land  will  become  revenue-producing  and  aid  the  thirty- 
four  cities  and  towns  in  the  segi'egated  coal  and  asphalt  lands  in  main- 
taining county  governments,  supporting  schools  and  improving  roads, 
which,  under  present  conditions,  will  require  such  excessive  taxation  foi 
governmental  purposes  as  to  amount  to  confiscation.  We  firmly  believe 
that  the  immediate  sale  of  these  lands  will  eventually  enhance  the  pros- 
perity of  all  allottees,  and  bring  them  in  contact  with  industrious,  intelli- 
gent neighbors  who  will  aid  them  in  their  moral  and  material  develop- 
ment. 

Resolved,  That  the  Honorable  J.  H.  Sheppard,  of  South  McAlester, 
be  requested  to  present  this  memorial  to  the  Congress  of  the  United 
States. 

NAMES.  DISTRICT. 

The  resolution  offered  by  R.  L.  Williams  was  then  adopted: 
Mr.  Board  then  introduced  the  following  resolution: 
Whereas,  There  are  questions  concerning  the  restrictions  upon  the 
alienation  of  lands  allotted  to  the  citizens  of  the  several  Indian  tribes 
within  the  limits  of  the  proposed  State  of  Oklahoma,  also,  limiting  said 
sale  to  actual  settlers  to  one  hundred  and  sixty  acres,  of  great  moment 
to  the  citizens  of  said  tribes  and  to  all  the  people  of  said  proposed  State; 
and, 

.  Whereas,  This  Convention  deems  it  advisable  to  petition  Congress 
and  the  President  in  this  matter;   therefore. 

Be  it   Resolved,    By    the   Constitutional    Convention   of  the    proposed 


CONVENTION  OP"  OKI^AHOMA.  43 

State  of  Oklahoma,  now  in  session  in  Guthrie,  that  a  committee  of  five 
be  appointed  by  the  President  to  drat  a  suitable  petition  in  said  matter 
and  report  to  this  Convention. 

On  motion  of  Mr.  Henshaw,  the  resolution  was  referred  to  the  Com- 
mittee  on  Rules    for  assignment   to   the   proper   committee. 

Moved  by  Mr.  Johnston,  that  when  we  do  adjourn,  we  adjourn  until 
2   o'clock  p.  m.,  Monday,  November  2  6th,   1906.      Motion  prevailed. 

The  President  made  the  following  appointments:  Baker  Graham 
(colored),  janitor. 

On   motion   of    Mr.    Johnston,   the   appointment    was  confirmed. 
King  Hutchinson   (colored),  janitor. 

On  motion  of  Mr.  Roberts,  the  appointment  was  confirmed. 
Convention    adjourned    until    2    o'clock    p.     m.,    Monday,    November 
26,   1906. 

Monday,  November  30th,  1906 — 3  P.  M. 
Convention    met    pursuant   to    adjournment.      The   roll    being   called, 
all   members   answered  present   except  ^Messrs.   Akers,   Fisher,    Kelly   and 
Majors. 

Minutes  of  November  23rd  read  and  approved. 

The  school  children  of  Tishomingo  asked  to  be  permitted  to  pur- 
chase the  Journals  upon  which  shall  be  recorded  the  proceedings  of  the 
Convention,  and  upon  motion  of  Mr.  Rose,  the  offer  was  accepted. 

Committee  on  Mileage  reported,  and  ordered  re-committed,  and 
each  member  whose  mileage  is  incorrectly  reported  shall  certify  same  to 
the  Committee  on  Mileage. 

On  behalf  of  the  Colored  Agricultural  and  Mechanical  Normal  Uni- 
versity and  Industrial   School,   the   President  of   that  institution,    Inman 
Page,  presented  the  Convention  with  a  desk  and  gavel,  and  in  so  doing, 
spoke  as  follows: 
Mr.   President  and   Gentlemen  of  this   Convention: 

The  University  which  1  have  the  honor  and  privilege  to  represent  on 
this  occasion  had  its  origin  in  an  Act  of  the  Legislature  of  Oklahoma  of 
1897,  when  the  Honorable  W.  C.  Rentro  was  Governor  of  this  Territory. 
That  Act  appropriated  the  sum  of  five  thousand  dollars  for  the  purpose 
of  erecting  a  school  building  and  the  equipment  of  the  school.  The 
Regents  elected  a  faculty  of  four.  The  citizens  of  Langston  donated  forty 
acres  of  land  and  we  began  our  University  work  In  the  fall  of  1898, 
having  a  small  building  consisting  of  four  rooms,  and  a  faculty  of  four 
teachers,  on  the  forty  acres  of  land.  We  have  now,  gentlemen,  I  am  glad 
to  be  able  to  report  to  you,  one  hundred  and  siity  acres  of  land,  fifteen 
teachers,  in  the  main  building  with  a  capacity  of  five  hundred  students, 
dormitories  for  the  young  men  and  women.  The  mechanical  department 
and    land    and    buildings    are    worth    over    eighty    thousand    dollars,    our 


44  JOURNAL  OF  CONSTITUTIONAL 

equipment  forty  thousand  dollars,  and  it  requires  at  least  between  thirty - 
five  and  forty  thousand  dollars  to  maintain  the  institution  from  year  to 
year. 

Gentlemen,  this  is  the  Langston  University.  We  began  with  forty 
students,  and  when  all  our  cotton-picking  boys  shall  have  returned  we 
shall  be  able  to  report  an  attendance  of  over  four  hundred.  At  the  last 
meeting  of  the  Board  of  Regents  of  this  institution,  it  was  decided  that 
a  desk  and  gavel  should  be  presented  to  this  honorable  body.  This  desk, 
in  obedience  to  that  order,  has  been  made,  and  the  gavel  has  been  made 
by  the  students  who  attend  that  institution,  and  we  come  today,  gentle- 
men, to  present  you  with  this  desk  and  this  gavel  made  by  the  hands  of 
the  students  of  that  institution.  And  when  your  Convention  shall  adjourn 
and  when  you  are  about  to  depart  for  your  homes,  we  hope  it  will  be 
your  pleasure,  as  it  will  certainly  be  our  desire,  that  you  make  the  Pres- 
ident of  this  Convention  a  present  of  that  desk  and  gavel.   (Cheers.) 

Mr.  President,  this  is  the  desk  that  has  been  made  and  this  is  the 
part  of  the  desk  on  which  the  gavel  is  to  fall.      (Indicating.) 

We  thank  you,  Mr.  President  and  members  of  this  Convention,  for 
the  privilege  of  making   this  presentation.      (Cheers.) 

The  President,  replying  to  the  address  of  President  Page,  spoke  as 
follows: 

(Address  of  President  Murray.) 

Replying  to  the  President  of  the  Langston  University,  and  accepting 
this  desk  on  behalf  of  the  Convention  as  the  property  of  the  Convention, 
we  desire  to  assure  him  and  his  race  that  the  men  assembled  here  in  this 
Convention  will  endeavor  to  protect  him  and  his  race  in  their  rights. 
(Cheers.)  We  desire  to  assure  him  and  his  race  that  as  far  as  their  rights 
are  concerned,  there  will  be  equality  before  the  Courts  of  this  country; 
that  the  juries  will  be  made  under  the  law  in  such  a  way  as  to  give  him 
and  his  race  their  rights,  their  property  and  their  liberty. 

We  want  to  say  that  we  accept  this  with  pleasure,  because  it  repre- 
sents industry.  It  represents  labor  which  he  and  his  race  are  peculiarly 
fitted  to  do  and  to  perform.  If  there  be  one  thing  for  which  he  is  pecul- 
iarly fitted  it  is  the  pursuit  of  mechanics  and  agriculture.  One  of  the 
best  fruit  propagators  in  my  native  state  is  a  representative  of  his  race. 
This  work  which  we  have  before  us  is  an  evidence  of  the  mechanical 
skill  of  that  race  at  that  institution.  We  are  indeed  proud  that  in  this 
State  we  will  have  an  institution  of  this  character  for  that  class  of  people. 

We  want  to  say  again  that  the  more  they  study  along  this  line  the 
better  it  will  be  for  all  classes.  The  false  notion  that  the  colored  man 
can  attain  the  same  place  in  other  lines  is  an  absurdity,  because  he  must 
take  his  place  in  society  as  the  great  God  Intended,  and  be  given  an 
oportunity,  standing  alone,  as  he  will,  to  rise  or  fall.      (Cheers.)     What- 


CONVENTION  OF  OKLAHOMA.  45 

ever  effort  is  made,  or  whatever  advancement  he  achieves,  must  be  his 
individual  effort.  No  man  can  be  truly  educated  by  another.  He  must 
educate  himself;  conquer  his  own  difficulties;  hew  out  his  own  destiny. 
The  more  the  colored  race  makes  an  effort  in  the  line  of  industry,  me- 
chanics and  agriculture,  and  the  less  they  attempt  to  become  lawyers  and 
professional  men,  the  less  will  be  the  vagabondage  that  infests  our  cities, 
the  less  the  numbers  of  crap-shooters  and  'dope  fiends"  will  characterize 
this  race.  We  do  not  desire  that  race  to  be  extinguished,  but  we  desire 
that  they  will  be  serviceable  to  society.  The  only  way  to  make  it  so  is 
through  glorious  industry. 

I  want  to  say  that  the  majority  of  this  Convention  represents  that 
political  party  which  a  while  ago  believed  in  the  enslavement  of  that 
race.  But  we  want  to  assure  that  I'ace  that  never  again  will  there  be  the 
remotest  idea  of  slavery  in  this  country.  (Cheei's.)  As  one  descending 
from  an  ex-slave  holder,  one  who  was  reared  in  the  communities  where 
freedmen  predominated,  knowing  them  from  A  to  Z,  I  want  to  assure, 
you  that  tTie  greatest  thing  that  ever  happend  to  the  South,  to  the  whole 
people  of  the  South,  was  the  freedom  of  the  negroes.  I  want  to  assure 
you  that  the  men  who  go  among  you  and  tell  you  that  the  Democratic 
party  would  enslave  you  are  doing  so  merely  for  campaign  and  clap-trap. 

We  w^ant  to  say,  however,  in  all  our  dealings  with  your  race  as  with 
others,  we  have  a  decided  platform  and  a  decided  policy  that  we  shall 
carry  out  here  for  the  future. 

Pardon  me  for  these  remarks  which,  in  a  measure  are  partisan, 
more  so  than  I  have  heretofore  expressed  as  the  presiding  officer  of  this 
Convention,  but  it  occurred  to  me  to  be  befitting  on  this  occasion,  i 
want  to  say  in  connection  with  the  Southland,  that  however  erratic  the 
statesmen  and  the  men  of  the  South  were,  they  were  great.  Great  in 
intelligence,  great  in  their  statesmanship  and  great  in  their  patriotism. 
They  were  great  and  good.  Great  in  their  intellectuality  on  one  hand 
and  great  in  their  impetuosity  on  the  other.  They  were  made  like  the 
Scotchmen,  as  God  made  greatness,  great  in  their  virtues  and  yet  great 
in  their  faults.  We  want  to  say  that,  as  the  representative  of  that  class, 
we  have  no  desire  to  ignore  any  man's  rights  in  this  State;  we  shall  giv3 
him  his  real  rights. 

We  have  in  this  Convention,  sitting  on  the  majority  side,  some  who 
were  in  the  Civil  war  and  marched  either  under  McClellan  or  under  Sher- 
man, or  under  an  immortal  Grant;  also  we  have  others  who  marched 
under  the  leadership  of  a  Joseph  E.  Johnston,  a  Stonewall  Jackson,  or  a 
Robert  E.  Lee.  We  have  in  addition  to  those  representing  the  two  armiea 
which  met  upon  the  battlefield  of  their  country,  the  sons  of  those 
scarred  veterans  and  patriots.  It  cannot  be  said  that  patriots  were  on 
one  side  alone,  because  the  man  who  fights  for  a  cause  must  always  be 
emblazoned  with  the  record  of  a  patriot.      (Applause.) 


46  JOURNAL  OF  CONSTITUTIONAL 

We  want  to  say  that  we  have  here  representatives  from  every  State 
in  the  Union,  and  coming  here  as  we  do,  we  shall  not  establish  institu- 
tions modeled  after  those  of  the  extreme  South,  nor  on  the  other  hand, 
shall  we  attempt  to  establish  institutions  peculiar  to  the  extreme  North, 
but  we  shall  modify  each  with  other  and  agreeably  harmonize  the  whole 
into  a  newer,  grander  citizenship  that  represents  no  section,  but  becomes 
the  magnificent  citizenship,  the  manhood  and  womanhood  of  Greater 
Oklahoma. 

The  President  announced  the  following  committee  on  invitation  to 
Colonel  Watterson:     Messrs.  Caudill,  Edley  and  Graham. 

The  President  appointed  N.  H.  Pratt  (colored),  janitor,  which  ap- 
pointment, on  motion  of  Mr.  Henshaw,  was  confirmed. 

The  following  officials  appeared  and  took  the  oath  of  office:  J.  M. 
Young,  R.  T.  Williams,  L.  T.  Russell,  G.  C.  Stark,  D.  F.  Gore,  E.  C.  Pat- 
ton  and  O.  G.  Harper. 

N.  H.  Pratt   (colored)    appeared  and  was  sworn  in  as  janitor. 

On  motion  of  Mr.  Pittman,  Joseph  E.  Johnston  was  elected  Assistant 
Secreatry  without  pay. 

The  reply  of  Honorable  O.  B.  Colquitt  was  read,  and  on  motion  ot 
R.  L.  Williams  it  was  ordered  that  he  be  invited  to  address  the  Con- 
vention on  December  10th. 

The  Committee  on  Contested  Elections  reported,  and  on  motion  of 
Mr.  Ledbetter,  the  report  was  laid  on  the  table  indefinitely. 

The  President  announced  the  selection  of  the  following  committees, 
which,  upon  motion  of  Mr.  Johnston,  were  confirmed: 

STANDING    COIVnvnTTEES. 

Rules  and  Procedure:  Chairman,  Ex-officio,  President  Murray;  Vice 
Chairman,  Mr.  King;  Mr.  Johnston,  Mr.  Hayes,  Mr.  Pittman,  Mr.  Sandlin, 
Mr.    Hopkins. 

Preamble  and  Bill  of  Rights:  Chairman,  Mr.  Rose;  Mr.  Tenor,  Mr. 
Graham,  Mr.  Nelson,  Mr.  Langley,  Mr.  Harrison  of  88,  Mr.  Tracy,  Mr 
Mathis,  Mr.  Kornegay,  Mr.  Buchanan,  Mr.  Asp. 

Federal  Relations:  Chairman,  Mr.  Moore;  Mr.  Kornegay,  Mr.  Swarts, 
Mr.   Hayes,    Mr.   Jones,  Mr.   Hughes,  Mr.  Maxey,  Mr.  Leahy,  Mr.  Frye. 

Legislative  Department:  Chairman,  Mr.  Tosh;  Mr.  Littleton,  Mr. 
Alderson,  Mr.  Rogers,  Mr.  Humphrey,  Mr.  Wyly,  Mr.  Johnston,  Mr.  Wil- 
liams of  3,  Mr.  Rice,  Mr.  Carney,  Mr.  Williams  of  108,  Mr.  Mathis,  Mr. 
Cochran,  Mr.  McClain,  Mr.  Houston. 

Judiciary  and  Judicial  Department:  Chairman,  Mr.  Ledbetter;  Mr. 
Hughes,  Mr.  Kornegay,  Mr.  King,  Mr.  Rose,  Mr.  Pittman,  Mr.  Johnston, 
Mr.  Williams  of  108,  Mr.  Nelson,  Mr.  Langley,  Mr.  Moore,  Mr.  Tucker, 
Mr.   Liedtke,  Mr.  Asp. 

Executive   Department:    Chairman,    Mr.    Johnston;    Mr.    Parker,    Mr. 


CONVENTION  OF  OKLAHOMA.  47 

Hill,  Mr.  Edmondson,  Mr.  Turner,  Mr.  Mathis,  Mr.  Harrison  of  88,  Mr. 
Maxey,  Mr.  Edley,  Mr.  Carr,  Mr.  Banks,  Mr.  Quarles,  Mr.  Harrison  of  45, 
Mr.  Helton,  Mr.  Safer. 

Suffrage:  Chairman,  Mr.  Henshaw;  Mr.  Leeper,  Mr.  Brewer,  Mr. 
Dalfon,  Mr.  Copeland,  Mr.  Liedtke,  Mr.  Maxey,  Mr.  Ramsey,  Mr.  Little- 
ton, Mr.  Wyatt,  Mr.  Tucker,  Mr.  Rice,  Mr.  Helton,  Mr.  Cloud,  Mr.  Covey. 

Education.  Chairman,  Mr.  Brewer;  Mr.  Parker,  Mr.  Mitch,  Mr. 
Alderson,  Mr.  Savage,  Mr.  Wyly,  Mr.  Swarts,  Mr.  Quarles,  Mr.  Harned, 
Mr.  Akers,  Mr.  Allen,  Mr.   Gardner,  Mr.   McCance,   Mr.   Stowe,   Mr.  Cobb. 

Agriculture:  Chairman,  Mr.  Hendricks;  Mr.  Hausam,  Mr.  Little- 
john,  Mr.  Edmondson,  Mr.  James,  Mr.  Wyatt,  Mr.  Caudill,  Mr.  Ellis,  Mr. 
Carney,  Mr.  Hogg,  Mr.  Banks,  Mr.  Mathis,  Mr.  Covey,  Mr.  McClure,  Mr. 
Houston. 

Immigration:  Chairman,  Mr.  Savage;  Mr.  Buchanan,  Mr.  Edley,  Mr. 
Copeland,  Mr.  Hausam,  Mr.  Weaver,  Mr.  Williams  of  97,  Mr.  Swarts, 
Mr.  Maxey,   Mr.  Hudson. 

Crimes  and  Punishment:  Chairman,  Mr.  Harrison  of  45;  Mr.  Baker, 
Mr.  Rose,  Mr.  Cochran,  Mr.  Kane,  Mr.  Williams  of  9  7,  Mr.  Swai'ts,  Mr. 
Maxey,  Mr.  Hudson. 

Private  Corporations:  Chairman,  Mr.  Graham;  Mr.  Hausam.  Mr. 
Johnston,  Mr.  Board,  Mr.  Henshaw,  Mr.  King,  Mr.  Dalton,  Mr.  Curl, 
Mr.  Kane,  Mr.  Hogg,  Mr.  Carney,  Mr.  Fisher,  Mr.  Latimer,  Mr.  Caudill, 
Mr.  Frye. 

Kailr«)ad  and  J'ubiic  Service  Corporavions:  Chairman,  Mr.  Williams  of 
108;  Mr.  King,  Mr.  Graham,  Mr.  Hendricks,  Mr.  Johnston,  Mr.  Baker,  Mr. 
Carr,  Mr.  Haskell,  Mr.  Curl,  Mr.  Wills,  Mr.  Harrison  of  8  8,  Mr.  Majors,  Mr. 
Wyatt,  Mr.  Leahy,  Mr.  Harris. 

Municipal  Corporations:  Chairman,  Mr.  Hughes;  Mr.  Wyly,  Mr.  Lang- 
ley,  Mr.  Littlejohn,  Mr.  Lee,  Mr.  Quarles,  Mr.  Hunt,  Mr.  Bearing,  Mr. 
Herring,  Mi-.  Buchanan,  Mr.  Alderson,  Mr.  Sandlin,  Mr.  Cochran,  Mr. 
Hanraty,  Mr.  Hudson. 

Revenue  and  Taxation:  Chairman,  Mr.  King;  Mr.  Haskell,  Mr.  Kor- 
negay,  Mr.  Mitch,  Mr.  Littlejohn,  Mr.  Harrison  of  4  5,  Mr.  James,  Mr. 
Allen,  Mr.  Alderson,  Mr.  Tracy,  Mr.  Parker,  Mr.  Mathis,  Mr.  Ellis,  Mr. 
Williams  of   108,   Mr.   Harris. 

Public  Institutions  and  State  Buildings:  Chairman,  Mr.  Wyly;  Mr. 
Tracy,  Mr.  Brewer,  Mr.  Turner,  Mr.  Messenger,  Mr.  Allen,  Mr.  Rice,  Mr. 
Williams  of  3,  Mr.  Sandlin,  Mr.  Lee,  Mr.  Akers,  Mr.  Pittman,  Mr.  Gard- 
ner, Mr.  Lasater,  Mr.  Hopkins. 

Public  Roads  and  Highways  and  Infernal  Improvement:  Chairman, 
Mr.  Hausam;  Mr.  Littleton,  Mr.  Copeland,  Mr.  Lasater,  Mr.  Edmondson. 
Mr.  Berry,  Mr.  Kane,  Mr.  Hogg,  Mr.  Helton,  Mr.  Graham,  Mr.  Herring, 
Mr.  Leeper,  Mr.  Quarles,  Mr.  Latimer,  Mr.  Safer. 


48  JOURNAL  OF  CONSTITUTIONAL 

Privileges  and  Elections:  Chairman,  Mr.  Jones;  Mr.  Leahy,  Mr.  Hill, 
Mr.  Wills,  Mr.  James,  Mr.  Buchanan,  Mr.  Tracy,  Mr.  Harned,  Mr.  Hunt, 
Mr.  Herring,  Mr.  Weaver,  Mr.  Cochran,  Mr.  Nelson,  Mr.  Liedtke,  Mr.  Asp. 

Enrollment  and  Engrossment:  Chairman,  Mr.  Alderson;  Mr.  Stowe, 
Mr.  Brewer,  Mr.  Humphrey,  Mr.  Berry,  Mr.  Harned,  Mr.  Cloud. 

Salaries  and  Compensation  of  Public  Officers:  Chairman,  Mr.  Rogers; 
Mr.  Jones,  Mr.  Board,  Mr.  James,  Mr.  Majors,  Mr.  Lee,  Mr.  Humphrey, 
Mr.  Ledbetter,  Mr.  Hughes,  Mr.  Henshaw,  Mr.  Jenkins. 

I*i"imary  Elections:  Chairman,  Mr.  Haskell;  Mr.  Allen,  Mr.  Williams 
of  108,  Mr.  Ellis,  Mr.  Pittman,  Mr.  Latimer,  Mr.  Caudill,  Mr.  Messenger, 
Mr.  Tosh,  Mr.   Williams  of  3,  Mr.   Cloud. 

Committee  on  Rules  reported,  and  Mr.  Harned  moved  to  adopt. 

Mr.  Haskell  moved  to  amend  by  substituting  for  the  last  paragraph 
of  Rule  52,  the  following: 

Section  1.  It  being  against  public  policy,  and  against  the  best  inter- 
ests of  the  people,  for  any  person  employed  for  a  pecuniary  considera- 
tion to  act  as  legislative  counsel  or  legislative  agent  for  any  person, 
corporation,  or  association,  to  attempt  personally  or  directly  to  influence 
any  member  of  the  Convention  to  vote  for  or  against  any  measure  pend- 
ing therein,  otherwise  than  by  appearing  before  the  regular  Committee 
thereof  when  in  session,  or  by  newspaper  publication,  or  by  public 
address,  or  by  written  or  printed  statements,  arguments  or  briefs,  deliv- 
ered to  each  member  of  the  Convention;  provided,  that  before  delivering 
such  statement,  ai'gument  or  brief,  twenty-five  copies  thereof  shall  be 
first  deposited  with  the  Secretary  of  the  Convention  and  be  subject  to 
public  inspection.  No  officer,  agent,  appointee,  or  employee  in  the  service 
of  the  Convention  or  of  the  United  States  shall  attempt  to  influence  any 
member  of  the  Convention  to  vote  for  or  against  any  measure  pending 
therein  affecting  the  pecuniary  interests  of  such  person,  excepting  in  the 
manner  authorized  therein,  in  the  cases  of  legislative  counsel  and  legis- 
lative agents. 

Sec.  2.  No  person  employed  for  a  pecuniary  consideration-  to  act  as 
legislative  counsel  or  legislative  agent  for  any  person,  corporation,  or 
association,  shall  be  allowed  to  go  upon  the  floor  of  the  Convention 
reserved  for  members  while  in  session,  except  upon  the  invitation  of 
such  Convention. 

Sec.  3.  In  case  of  any  violation  of  the  foregoing  provision,  the 
offender  shall  be  deemed  in  contempt  of  the  dignity  of  this  Convention 
and  finally  excluded  from  the  Convention  hall  and  from  all  committee 
rooms,  and  his  name  be  posted  in  writing  on  the  excluded  list  of  the  main 
entrance  to  the  Convention  hall,  and  any  member  of  this  Convention  there- 
after wilfully  and  knowingly  communicating  with  such  offender  before 
final  adjournment  of  this  Convention  shall  likewise  be  deemed  in  contempt 


CONVENTION  OP  OKLAHOMA.  49 

ol"  the  dignity  of  this  Convention  and  subject  to  reprimand  at  the  bar  of 
this  Convention  in  open  session,  by  the  President. 

On  vote  being  taken  on  the  amendment,  it  was  declared  adopted. 

As  a  substitute  for  the  original  motion,  Mr.  Mitch  moved  that  fur- 
ther consideration  of  the  report  of  the  Committee  on  Rules  be  post- 
poned until  2  p.  m.,  27th  inst.,  and  a  printed  copy  ordered  to  be  laid  upon 
the  desk  of  each  member. 

On  motion  of  Mr.  Hanraty,  the  following  resolution  was  adopted: 

Resolved,  That  we  i-ecognize  in  the  distribution  of  free  passes  over 
railroads  to  public  officials,  and  so-called  courtesies  extended  by  means 
of  franking  privileges  over  telegraph,  express  and  telephone  lines,  only 
an  indirect  method  of  bribery  none  the  less  potent  for  corruption  because 
bearing  another  name,  and  we  hereby  denounce  the  acceptance  of  any 
such  favors  from  any  corporation  or  privilege  seeking  interests  or  person 
by  any  member  or  employe  of  this  Convention,  as  treason  to  the  State 
and  hereby  brand  the  recipient  thereof  as  a  taker  of  a  bribe  and  demand 
that  he  be  forthwith  brought  before  the  bar  of  this  Convention  and  sum- 
marily expelled. 

Moved  by  Mr.  Asp  that  the  Secretary  of  this  Convention  be  and  is 
hereby  instructed  to  furnish  to  the  Secretary  of  the  Territory,  the  dis- 
bursing agent  of  the  government,  a  list  of  the  employes  and  appointees 
of  this  Convention,  and  the  salaries  and  compensation  of  such  appointees 
or  employes. 

R.  L.  Williams  moved  to  amend  as  follows:  That  the  Secretary  of 
this  Convention  be  instructed  to  confer  with  the  Secretary  of  the  Terri- 
tory relative  to  securing  clerks  and  other  employes,  and  report  to  this 
body. 

Mr.  Quarles  moved  as  a  substitute  for  all  pending  motions,  as  fol- 
lows: That  the  Secrtary  of  this  Convention  be  instructed  to  get  from 
the  Secretary  of  the  Territory,  instructions  relative  to  paying  employes 
of  this  Convention,  which,  on  vote  being  taken,  was  decided  in  the  neg- 
ative. 

The  vote  recurring  upon  the  original  motion,  as  amended,  it  was 
adopted. 

On  motion  of  Mr.  Hanraty,  It  was  ordered  that  all  printed  matter 
for  the  convention  bear  the  Union  Label. 

On  motion  of  Mr.  Haskell,  it  was  ordered  that  when  the  Convention 
dp  adjourn  at  the  close  of  the  last  session  prior  to  November  29th,  it 
adjourn  to  Friday,  November  30th,  at  10  o'clock  a.  m. 

The  Convention  then  adjourned  until  10  a.  m.,  November  27th. 

Tuesday,   Novoniher  27,    lfK)6 — lO  A.  M. 

Convention  met  pursuant  to  adjournment.     Roll  called  and  all  nuMn- 


50  JOURNAL  OF  CONSTITUTIONAL 

bers  present.  The  Journal  of  November  2  6th  was  read,  amended  and 
approved. 

On  motion  of  Mr.  Kornegay,  the  Enabling  Act  was  read. 

Mr.  Kornegay  moved  the  adoption  of  the  following:  An  ordinance 
accepting  the  terras  and  conditions  of  the  Enabling  Act. 

Be  It  Ordained,  By  the  Constitutional  Convention  of  the  proposed 
State  of  Oklahoma  that  said  Constitutional  Convention  do  by  ordinance 
irrevocable  accept  the  terms  and  conditions  of  an  Act  of  Congress  of  the 
United  States,  passed  and  approved,  June  16,  1906,  and  entitled  "An  Act 
to  enable  the  people  of  Oklahoma  and  Indian  Territory  to  form  a  Consti- 
tution and  State  Government  and  be  admitted  into  the  Union  on  an  equal 
footing  with  the  original  states;  and  to  enable  the  people  of  New  Mexico 
and  of  Arizona  to  form  a  Constitution  and  State  Government  and  be 
admitted  into  the  Union  on  eq'^al  footing  with  the  oi-iginal  states,"  com- 
monly known  as  the  Enabling  Act. 

On  motion  of  Harrison  of  4  5,  the  resolution  was  laid  on  the  table 
until  the  appointment  of  a  Committee  on  Ordinance  and  then  to  be  referred 
lo  said  committee. 

The  President  appointed  the  committee  on  Private  Corporations. 

Mr.  Hopkins  asked  to  be  relieved  from  service  on  this  committee  on 
account  of  his  interests  in  private  corporations;  request  was  granted  and 
Mr.  Frye  was  appointed  to  succeed  him  on  said  committee. 

On  motion  of  Mr.  Haskell  the  report  of  the  Committee  on  Rules  and 
Procedure  was  taken  from  the  table  for  consideration. 

The  Convention  took  recess  until  2  o'clock  p.  m. 

Afternoon    Session,    November    27,    1906 — 2    T.    M. 

On  motion  of  Mr.  King  roll  call  was  omitted. 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole  for 
the  consideration  of  the  report  of  the  Committee  on  Rules  and  Procedure, 
with  Mr.   Johnston   in  the  chair. 

At  4  o'clock  p.  m.,  the  Committee  of  the  Whole  rose,  reported  progvess 
and  asked  leave  to  sit  again.  On  motion  the  report  of  the  committee 
was  adopted. 

The  President  then  read  the  following  communication: 

"Oklahoma   City,   Okla.,   Nov.    27.    1900. 
"Honorable  W.    H.    Murray,    President   Constitutional    Convention: 

"Oklahoma  City  extends  to  your  honorable  body  an  invitation  to 
attend  a  banquet  given  in  their  honor  by  our  citizens,  Saturday  night, 
December    1st.  "J-   F.   MESSENBAUGH, 

"Mayor,   Oklahoma    City,    Okla." 

"Oklahoma  City,  Okla.,  Nov.   27.   1906. 
"Honorable  W.  H.  Murray,  President  Constitutional  Convention,  Guthrie. 
Okla.: 


CONVENTIOX  OF  OKLAHOMA.  51 

"Oklahoma  City  Chamber  of  Commerce  ectends  to  your  body  an  invi- 
tation to  attend  a  banquet  here  given  in  their  honor,  Saturday  evening, 
December  1st. 

"I.  M.  HOLCOMB,  President." 

Mr.  Herring  moved  to  instruct  the  Secretary  to  inform  the  Mayor  of 
Oklahoma  City  and  the  President  of  the  Chamber  of  Commerce,  of  the 
acceptance  of  the  invitation  by  the  Convention,  provided  the  date  be 
changed  to  the  day  after  the  final  adjournment  of  the  Convention,  which 
was  decided  in  the  affirmative. 

The  Convention  then  adjourned  until  10  o'clock  a.  m.,  November  28. 
1906. 

Wedui'sday,    November   ::«,    IJXJO — 10   A.    M. 

Convention  met  pursuant  to  adjournment.  Roll  was  called  and  all 
members  present  except  Mr.  Hughes.  Journal  of  November  27tli  read 
and  approved. 

The  Committee  on  Mileage  repoi'ted,  i-eport  was  amended  and  on 
motion  of  Mr.  Asp  the  report,  as  amended,  was  adopted. 

On  motion  of  Mr.  Carney,  the  President  was  authorized  to  return  to 
j\Ir.  Phelps,  of  El  Reno,  the  gavel  used  to  call  the  Convention  to  order 
at  its  first  session. 

Mr.  Henshaw  asked  leave  to  file  the  majority  report  of  the  Commit- 
tee on  Election  Contests  in  the  case  of  Harrell  vs.  Harris,  which  was 
granted. 

Mr.  Leahy  offered  the  following  resolution,  which  Avas   adopted: 

Resolved,  That  the  Committee  on  Judiciary  and  Judicial  Department 
be  and  is  hereby  directed  to  investigate  and  report  to  this  Convention  at 
its  earliest  convenience  the  findings  on  the  following  questions,  to-wit: 

First — Is  this  Convention  the  sole  judge  of  the  number  of  employes 
it  shall  have,  the  service  they  shall  render  and  the  salary  each  shall 
receive? 

Second — Has  this  Convention  the  right  to  determine  the  expenses  it 
shall  incur  and  control  and  direct  same? 

On  motion  of  Mr.  Mitch,  the  following  resolution  was  adopted: 

Resolved,  That  as  the  preservation  of  our  forests  and  the  systematic 
planting  and  culture  of  forest  trees  are  matters  of  vital  importance  to  our 
State  and  that  we  may  be  more  fully  informed  on  this  subject,  we  respect- 
fully invite  the  Honorable  Gifford  Pinchot,  Forester  of  the  United  States 
Department  of  Agriculture,  to  deliver  an  address  before  this  body  on  "The 
Relation  of  the  State  and  the  Forest." 

The  Convention  then  resolved  itself  into  a  Committee  of  the  Whole 
ror  the  consideration  of  the  report  of  the  Committee  on  Rules  and  Pro- 
cedure, with  Mr.  Johnston  in  the  chair. 


5  2  JOURNAL  OF  CONSTITUTIONAL 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  reported  progress 
and  asked  leave  to  sit  again.     Report  adopted. 

Convention    took    recess    until    2    p.    m. 

Afternoon   Session,    November  28,    1906 — 2   P.  M. 

On  motion  the  roll  call  was  omitted. 

Mr.  Haskell  moved  that  the  President  appoint  a  Chief  and  seven 
Assistant  Committee  Clerks  to  serve  the  standing  committees,  the  appoint- 
ments to  be  approved  by  the  Convention,  compensation  of  each  to  be  four 
dollars  per  day. 

The  motion  carried.  The  President  appointed  C.  C.  Worrall,  Chief 
Committee  Clerk;  C.  P.  Barrett,  Miss  Josephine  Schott  and  C.  T.  Byrd, 
assistants,   which   upon   motion  of  Mr.    Johnston   was   confirmed. 

On  motion  of  Williams  of  108,  the  President  appointed  the  following 
committee  to  secure  portraits  of  the  Chiefs  of  the  Five  Civilized  Tribes 
and  the  Osage  Nation,  to  be  hung  upon  the  walls  of  the  Convention, 
to-wit: 

C.  V.  Rogers,  for  the  Cherokees;  B.  F[  Harrison,  for  the  Chickasaws; 
G.  E.  Parker,  for  the  Choctaws;  H.  G.  Turner,  for  the  Creeks:  T.  J. 
Loahy,  for  the  Osage  Nation,  and  J.  A.  Parker,  for  the  Semlnoles. 

The  President  appointed  the  following  committees: 

Mines  and  Mining,  Oil  and  rJas:  Chairman,  Mr.  Majors;  Messrs. 
Cochran,  Curl,  Wills,  Hill,  Latimer,  Hanraty,  Gardner,  Bryant,  Norton, 
Roberts,  Kelly,  Fisher,  Parker  and  Hudson. 

Geological  Survej :  Chairman,  Mr.  Caudill;  Messrs.  Curl,  Williams 
of  97,  Norton,  Woods  of  89,  Tucker,  Buchanan,  Maxey,  Sorrells,  Weaver, 
and  Cain. 

Inipeaohnient  and  Removal  From  Office:  Chairman,  Mr.  Swarts; 
Messrs.  Littlejohn,  Norton,  Fisher,  Kelly,  Hayes,  Roberts,  Copeland, 
Wood  of  89,  Rogers,  Sandlin,  Jones,  Hunt,  Kane  and  Jenkins. 

Banks  and  Banking,  Loan,  Trust  and  Gnaranty  Companies:  Chalr- 
Tnan,  Mr.  Curl;  Messrs.  Lasater,  Swarts,  Quarles,  Bowers,  Tucker,  Edley, 
Williams  of  97,  and  Hudson. 

Insurance:  Chairman,  Mr.  McClain;  Messrs.  Henshaw,  Weaver,  Pitt- 
man,  Curl,  Haskell,  Bryant,  Roberts,  Mitch,  Edley  and  Asp. 

Homestead  and  Exemptions:  Chairman,  Mr.  Gardner;  Messrs.  Gra- 
ham, Carr,  Rogers,  Edmondson,  Bryant,  Bilby,  Savage,  and  McClure. 

State  Militia:  Chairman,  Mr.  Rice;  Messrs.  Banks,  Chambers,  Brewer, 
Hausam,  Edley,  Buchanan,  Wyatt,  and  Williams  of  97.     • 

State  and  School  Lands:  Chairman,  Mr.  Baker;  Messrs.  Fisher. 
Tenor,  James,  Harned,  Humphrey,  Turner,  Norton.  Newell,  Parker,  Tosh, 
Harrison  of  88,  Majors,  Cloud  and  Cobb. 

Legislative  Apportionment:  Chairman,  Mr.  Pittman;  Messrs.  Rose, 
McCance,  Curl,  Savage,  Humphrey,  Wood  of  8,  Allen,  Chambers,  Berry, 
Messenger  and  Hopkins. 


CONVENTION  OF  OKLAHOMA.  53 

Judicial  Apportionment:  Chairman,  Mr.  Sandlin;  Messrs.  Moore. 
Koruegay,  Nelson,  Board.  Harrison  of  45,  Ellis,  Carney,  Chambers,  Berry, 
Hogg,    Herring,    Bowers,    Harris   and    Asp. 

Munufju'tures  and  Commerce:  Chairman,  Mr.  Littlejohn;  Messrs. 
Akers,  Leeper,  Hill,  Wood  of  89,  Harris,  Banks,  Harrison  of  45,  Hen- 
dricks, Kelley  and  Jenkins. 

Ordinances:  Chairman,  Mr.  Kornegay;  Messrs.  Moore,  Langley,  Nel- 
son, Ledbetter.  McClain,  Leahy,  Harrison  of   45,  and  Hopkins. 

County  and  Township  Organisation  and  Govei-nment:  Chairman,  Mr. 
Banks;  Messrs.  Littlejohn,,  Humphreys,  Parker,  Liedtke,  Tracey,  Tucker 
and   Hudson. 

Convention  Accounts  and  Expenses:    Chairman,   Mr.    Tenor;    Messrs. 
Copeland,  Board,  Bryant,  Liedtke,  Woods  of  89,  Bearing,  Tosh  and  Frye. 
Revision,     Compilation,     Style     and     Arrangement:      Chairman,     Mr. 
Lasater;    Messrs.  Kornegay,  Moore,  Mitch,  Kane,  Baker,  Liedtke,  Ledbet- 
ter,  Messenger,   Helton  and  Cloud. 

General  Provisions,  Constitutional  Amendments,  and  Revisions: 
Chairman,  Mr.  Tracey;  Messrs.  Williams  of  97,  King,  Chambers,  Dalton, 
Littlejohn,    Bowers,    Ramsey   and   Houston. 

Labor  and  Arbitration:  Chairman,  Mr.  Hanraty;  Messrs.  Jones,  Hen- 
dricks, Baker,  Nelson,  Hausam,  Bryant,  Sorells,  Berry,  Bearing,  Harris, 
Rice,  Norton,  Bilby  and  Covey. 

The  Schedule:  Chairman,  Mr.  Hayes;  Messrs.  Chambers,  King,  Hen- 
shaw,  Humphrey,  Turner,  Kornegay,  Newell,  Ledbetter,  Rose,  Quarles, 
Mitch,    Hughes,    Carney    and    Safer. 

Public  Debt  and  Public  Works:  Chairman,  Mr.  Williams  of  3;  Messrs. 
Littleton,  Hunt,  Wills,  Copeland,  Harrison  of  88,  Board,  Sorrells.  Ram- 
sey, Newell,  Hanraty,  Rice,  Carr,  Bowers  and  Harris. 

Public  Health  and  Sanitation,  and  the  Practice  of  Medicine  and 
Pharmacy:  Chairman,  Mr.  Ellis;  Messrs.  Bilby,  Sorrells,  Ramsey,  Harned, 
Roberts,  Savage,   Majors  and   Cain. 

The  Convention  resolved  itself  into  Committee  of  the  AVhole  for 
further  consideration  of  the  report  of  the  Committee  on  Rules  and  Pro- 
cedure. 

At  5  p.  m.,  the  Committee  of  the  Whole  rose;  President  Murray 
resumed  the  Chair  and  Mr.  Johnston,  as  Chairman  of  the  Committee 
of  the  Whole,  made  report.  Mr.  Baker  moved  to  adopt.  On  substitute 
motion  of  Mr.  Johnston,  the  further  consideration  of  the  report  was 
postponed    until   the   next   legislative   day. 

C.   C.  Worrall  and  C.   F.   Barrett  appeared   and   took   the  oath. 
On  motion   of   Mr.   Kornegay,   the  resolution  accepting  the  terms  of 
the  Enabling  Act  was  taken  from  the  table  and  referred  to  the  Commit- 
tee on  Ordinances. 


54  JOURNAL  OF  CONSTITUTIONAL 

On  motion  of  Mr.  Haskell,  the  Convention  loaned  the  Gridiron  Club 
twenty  desks  and  chairs  for  the  night. 

A  communication  was  received,  signed  by  Ed.  L.  Halsell,  President 
of  the  Muskogee  Commercial  Club;  F.  C.  Hubbard,  Mayor  of  Muskogee; 
W.  H.  Moore,  President  of  the  National  Good  Roads  Association,  invit- 
ing the  Convention  as  a  body,  to  attend  the  meeting  of  the  National 
Good  Roads  Association,  to  be  held  in  the  City  of  Muskogee,  Wednes- 
day,   Thursday,    and    Friday,    December    5th,    6th,    and    7th. 

On  motion  of  Mr.  Swarts,  the  invitation  was  declined  by  the  Con- 
vention as  a  body,  and  the  Committee  on  Roads  and  Internal  Improve- 
ments was  authorized  to  attend. 

The  Convention  adjourned  until  10  o'clock  a.  m.,  Friday,  November 
30th. 

Friday,    November   30,    19(>(5 — 10   A.   M. 

The  Convention  met  pursuant  to  adjournment.  The  roll  was  called 
and  all  members  present,  except  Messrs.  Carney  and  Fisher.  Journal 
of   November    28th    read    and    approved. 

On  motion  of  Mr.  Henshaw,  consideration  of  the  report  on  election 
contest  was  made  a  special  order  for  Tuesday,  December  4th. 

On  motion  of  Mr.  Wyatt,  the  Sergeant-at-Arms  was  requested  to 
procure   four   black-boards    for   the   use   of   the   Convention. 

Mr.  Hayes  moved  that  the  Convention  proceed  to  the  consideration 
of  the  report  of  the  Committee  of  the  Whole,  on  the  report  of  the  Com- 
mittee on  Rules  and  Procedure.  Motion  prevailed.  Mr.  Johnston  pre- 
sented the  report,  and  on  motion  of  Mr.  Haskell  the  report  was  re- 
referred  to  the  Committee  of.  the  Whole,  with  instructions  to  pass  upon 
Rules  6S  and  69  of  report  of  Committee  on  Rules  and  Procedure  as 
printed. 

On  motion  of  Mr.  Hayes,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  for  the  further  consideration  of  the  report  of  the 
Committee  on  Rules  and  Procedure. 

At  the  noon  hour  the  Committee  of  the  Whole  rose,  the  President 
resumed  the  chair,  and  the  chairman,  Mr.  Johnston,  reported  that  the 
committee  of  the  Whole  having  had  under  consideration  the  report  of 
the  Committee  on  Rules  and  Procedure,  and  having  made  progress 
thereon,   asked  leave  to  sit  again. 

On  motion  of  Mr.   Messenger,   the  report  was  adopted. 

The  Convention  took  recess  until  2  p.  m. 

Altoriiooii    Session,    Xovember    30,    liHUi — 3    P.    M. 

Convention   met  pursuant  to   recess. 

By  unanimous  consent,  Messrs.  Kornegay,  Hayes,  Henshaw,  Nelson 
and  McClain  were  excused  from  attending  tomorrow's  sessions. 

On   motion  of  Mr.   Hayes,   the  Convention   resolved   itself  into   Com- 


CONVENTION  OF  OKLAHOMA.  55 

mittee  of  the  Whole,  for  further  consideration  of  the  report  of  the  Com- 
mittee on  Rules  and  Procedure. 

After  consideration  of  the  report,  the  Committee  rose,  the  President 
resumed  the  chair,  and  the  chairman,  Mr.  Johnston,  reported  as  follows: 

Mr.  President,  Your  Committee  of  the  Whole  Convention,  to  whom 
were  re-referred  Rules  68  and  69  of  the  report  of  the  Committee  on 
Rules  and  Procedure,  beg  leave  to  submit  the  following  report: 

First — That  we  recommend  that  Rule  No.  68  be  amended  by  strik- 
ing out  the  words  "one  thousand,"  and  inserting  in  lieu  thereof,  the 
words   "two   thousand." 

Second — We  further  recommend  the  amendment  of  Rule  69,  by 
inserting  after  the  word  "copy"  in  line  eleven,  the  following  words: 
And  one  copy  of  each  to  the  American  Federation  of  Labor,  Washing- 
ton, D.  C,  and  one  copy  to  the  State  Federation  of  Labor  of  Oklahoma, 
and  one  copy  to  the  State  Farmers'  Union,  and  one  copy  to  the  National 
Farmers'  Union  of  America.  It  is  further  recommended  that  said  Rules 
Nos.  68  and  69  be  adopted  as  a  whole  in  conjunction  with  the  general 
report  of  the  committee,  this  day  placed  on  file. 

HENRY    S.    JOHNSTON,    Chairman. 

On  motion  of  Mr.  Rose,  the  report  as  submitted,  together  with  the 
Rules  as  amended  by  the  Committee  of  the  Whole,  were  adopted. 

Mr.  Johnston  moved  that  the  report  of  the  Committee  on  Rules  and 
Procedure  be  delivered  to  the  Committee  on  Convention  Printing,  for 
the  purpose  of  incorporating  the  amendments  made  by  the  Committee 
of  the  Whole  into  the  Rules  and  that  the  Rules  be  printed,  together 
T^^ith  a  complete  rost.jr  of  the  membership,  designating  the  number  of 
the  seat  occupied  by  each  delegate,  also  a  list  of  standing  committees, 
including  the  personnel  thereof,  a  list  of  the  officers  and  employes  of 
this  Convention  and  that  the  Rules  printed,  shall  be  indexed  and  fur- 
nished in  pocket  size,  pamphlet  form,  to  each  member,  officer,  em- 
ploye and  press  reporter  in  attendance.      Motion  prevailed. 

Mr.  Hayes  offered  the  following  resolution,  which  under  the  Rules, 
was  laid  over  until  the  nest  legislative  day: 

Be  it  resolved.  That  the  Committee  on  Convention  Accounts  and 
Expenses  be  and  is  hereby  authorized  and  instructed  by  this  Convention 
to  ascertain  and  report  to  this  Convention  at  once: 

First — What  amount  of  money  appropriated  by  the  Congress  of  the 
United  States  to  defray  the  expenses  of  this  Convention  has  been  ex- 
pended and   for  what  expended. 

Second — What  the  daily  expenses  of  the  Convention  now  are,  and 
that  in  obtaining  said  information  and  in  making  said  report,  said  com- 
mittee invite  the  co-operation  and  assistance  of  the  Honorable  Secretary 
of  the  Territory  of  Oklahoma,  in  order  that  this  Convention  may  be 
correctly  advised  as  to  the  amount  of  funds  now   available,   with   which 


56  JOURNAL  OF  CONSTITUTIONAL 

to   defray   the  expenses  of  this   Convention  and    the  subsequent  election; 
and, 

Be  it  further  resolved,  That  no  accounts  for  expenses  incurred  for 
or  by  this  Convention,  not  specifically  mentioned  and  fixed  in  the 
Enabling  Act,  under  which  this  Convention  has  convened  shall  be  paid 
until  the  same  shall  have  been  submitted  to,  and  approved  by  the  Com- 
mittee on  Convention  Accounts  and  Expenses. 

Mr.  Hopkins  introduced  a  resolution  relating  to  navigation,  which 
Avas  read  and  by  the  order  of  the  President,  referred  to  the  Committee 
on   Public   Roads   and   Highways   and   Internal    Improvements. 

Mr.  Wyatt  introduced  a  resolution  adopted  by  the  Woman's  Clubfc 
of  the  City  of  Shawnee,  relating  to  child  labor  and  other  subjects,  which 
was  read  and  by  order  of  the  President  referred  to  the  Committee  on 
Labor  and  Arbitration. 

Mr.  Rose  introduced,  by  request,  a  petition  relating  to  the  elimination 
of  certain  religious  matter  from  the  Constitution,  which  was  read  and 
by  the  President  referred  to  the  Committee  on  Preamble  and  Bill  of 
Rights. 

Mr.  Graham  introduced  Constitutional  Proposition  No.  1,  being  a 
proposition  to  Control  and  Regulate  the  Business  of  Railroads,  Common 
Carriers  and  Transportation  Companies  in  the  proposed  State  of  Okla- 
homa and  to  Tax  Gross  Earnings  of  Same;  same  was  read.  On 
motion  the  rules  were  suspended  and  Proposition  No.  1  was  read  a  sec- 
ond time,  this  day  by  title,  and  upon  order  of  the  President,  that  part 
of  the  proposition  relating  to  taxation  of  gross  earnings  was  referred  to 
the  Committee  on  Revenue  and  Taxation,  and  the  remainder  of  the  prop- 
osition was  referred  to  the  Committee  on  Railroads  and  Public  Service 
Corporations. 

Mr.  Kornegay  introduced  Constitutional  Proposition  No.  2,  being  a 
proposition  for  Preamble;  same  was  read.  On  motion  the  rules 
were  suspended  and  Proposition  No.  2  was  read  a  second  time  this  day 
and  by  order  of  the  President  referred  to  the  Committee  on  Preamble 
and  Bill  of  Rights. 

Mr.  Maxey  introduced  Constitutional  Proposition  No.  8,  being  a 
proposition  to  Regulate  the  Employment  of  Children,  the  Hours  of  Labor 
for  Women  and  Children  and  for  Other  Puri)oses;  the  proposition  was 
read.  On  motion  the  rules  were  suspended  and  Proposition  No.  3, 
read  a  second  time  this  day  by  title,  and  by  order  of  the  President 
referred  to  the  Committee  on  Labor  and  Arbitration. 

Mr.  Ledbetter  introduced  Constitutional  Proposition  No.  4,  being  a 
l)roposition  for  Constitutional  Provision  requiring  All  Persons,  Companies 
and  Corporations  Engaged  in  the  Transportation  of  Passengers  to  Pro- 
vide Equal  But  Separate  Coaches  for  Persons  of  African  Descent;  same 
was  read.      On   motion   the  rules  were  suspended  and   Proposition   No.    4 


CONVENTION  OF  OKLAHOMA.  57 

read  a  second  time  this  day  by  title  and  upon  the  order  of  the  Presi- 
dent referred  to  the  Committee  on  Railroads  and  Public  Service  Corpor- 
ations. 

Mr.  Maxey  introduced  Constitutional  Proposition  No.  5,  being  a 
proposition  to  Provide  for  Recovery  for  Death  by  Wrongful  Act  and  to 
Create  a  Liability  Against  Transportation  Companies  Regardless  of  the 
Negligence  of  Fellow  Servants  and  for  Other  Purposes;  same  was  read. 
On  motion,  the  rules  were  suspended  and  Proposition  No.  5  read  a  sec- 
ond time  this  day  by  title,  and  by  order  of  the  President,  referred  to 
the  Committee  on   Railroads  and   Public   Service   Corporations. 

Mr.  Hayes  introduced  Constitutional  Proposition  No.  6,  being  a 
proposition  relating  to  Rights  of  Action  for  Injuries  Causing  Death;  same 
was  read.  On  motion,  the  rules  were  suspended  and  Proposition  No.  G 
was  read  the  second  time  this  day  by  title  and  by  order  of  the  President 
referred  to  the  Committee  on  Railroads  and  Public  Service  Corporations. 

Mr.  Maxey  introduced  Constitutional  Proposition  No.  7,  being  a 
proposition  to  Make  Persons  or  Corporations  Engaged  in  the  Business  or 
Operation  of  Telegraph  or  Telephone  Systems,  Sleeping  Car  Companies. 
Express  Companies,  Electric  Light  Companies,  Gas  Companies  and  Pipe 
Lines  for  Carrying  Oil  or  Gas,  Common  Carriers,  to  Prohibit  Contracts 
Exempting  Persons  or  Corporations  from  Liability  for  Acts  of  Their  Own 
Negligence  and  for  Other  Purposes;  same  was  read.  On  motion,  the 
rules  were  suspended  and  Proposition  No.  7  was  read  a  second  time  this 
day  by  title  and  by  order  of  the  President  was  referred  to  the  Commit- 
tee  on   Railroads   and    Public   Service   Corporations. 

Mr.  Maxey  introduced  Constitutional  Proposition  No.  S,  being  a 
proposition  relating  to  Grand  Juries,  Defining  the  Number  Thereof,  the 
Duties  and  Jurisdiction  and  for  Other  Purposes,  and  the  same  was  duly 
read.  On  motion  the  rules  were  suspended,  Proposition  No.  S  was  read 
a  second  time  this  day  by  title,  and  by  order  of  the  President  referred 
to  the  Committee  on   Preamble  and    Bill   of  Rights. 

Mr.  Ledbetter  introduced  Constitutional  Proposition  No.  9,  being  a 
proposition  for  a  Constitutional  Provision  to  Comply  with  the  Enabling 
Act,  with  Respect  to  Indian  Lands,  the  Toleration  of  Religious  Worship, 
the  Manufacture  and  Sale  of  Intoxicating  Liquors,  the  Assumption  of 
the  Debts  of  the  Territory  of  Oklahoma  and  the  Establishment  of  a  Sys- 
tem of  Free  Schools,  and  the  same  was  duly  read.  On  motion,  the  rules 
were  suspended  and  Proposition  No.  9  was  read  a  second  time  this  day 
by  title  and  by  order  of  the  President  referred  to  the  Committee  on 
Federal   Relations. 

Mr.  Mitch  introduced  Constitutional  Proposition  No.  10,  being  a 
proposition  relating  to  the  Initiative  and  Referendum,  and  the  same  was 
duly  read.     On  motion,  the  rules  were  suspended  and  Proposition  No.   10 


58  JOURNAL  OF  CONSTITUTIONAL 

was  read  a  second  time  this  day  by  title  and  by  order  of  the  Pi-esident 
referred    to    the    Committee   on    Legislative   Department. 

Mr.  Curl  introduced  Constitutional  Proposition  No.  11,  being  a 
proposition  Prohibiting  Trade  Discrimination,  and  the  same  was  read.  On 
motion,  the  rules  were  suspended  and  Proposition  No.  11,  read  a  second 
time  this  day  by  title  and  by  order  of  the  President  referred  to  the  Com- 
mittee on  Manufactures   and   Commerce. 

Mr.  Caudill  introduced  Constitutional  Proposition  No.  12,  being  a 
proposition  for  Preamble,  and  the  same  was  duly  read.  On  motion  the 
rules  were  suspended  and  Proposition  No.  12  was  lead  a  second  tipie 
this  day  by  title,  and  by  order  of  the  President  referred  to  the  Com- 
mittee on  Preamble  and   Bill   of  Rights. 

Mr.  Buchanan  introduced  Constitutional  Propoeition  No.  13,  being  a 
proposition  relating  to  the  Regulation  of  Railroads  and  all  Transmission 
Companies  and  Providing  a  Commission  Therefor;  same  was  read.  On 
motion,  the  rules  were  suspended  and  Proposition  No.  13  was  read  a 
second  time  this  day  by  title  and  by  order  of  the  President  referred  to 
the  Committee  on  Railroads  and   Public  Service  Corporations. 

Mr.  Ellis  introduced  Constitutional  Proposition  No.  14,  being  a 
proposition  to  Prevent  the  Enactment  of  Any  Law  Imposing  the  Death 
Penalty,  and  the  same  was  duly  read.  On  motion,  the  rules  were  sus- 
pended and  Proposition  No.  14  was  read  a  second  time  this  day  by  title, 
and  by  order  of  the  President  referred  to  the  Committee  on  Crimes  and 
Punishment. 

Mr.  Weaver  introduced  Constitutional  Proposition  No.  15,  being  a 
proposition  relating  to  the  Establishment  of  a  State  Geological  Survey, 
and  the  same  was  duly  read.  On  motion,  the  rules  were  suspended  and 
Proposition  No.  15  was  read  a  second  time  this  day  by  title,  and  by 
order  of  the  President  referred  to  the  Committee  on  Geological  Survey. 

The  Convention  adjourned  until  10  o'clock  a.  m.,  Saturday,  Dec.  1, 
1906. 

Saturday,  December  1,   1906 — 10  A.  M. 

The  Convention  met  pursuant  to  adjournment.  The  roll  being  called 
all  members  were  present  except  Messrs.  Kornegay,  Hays,  Henshaw. 
Nelson,  McClain  and  Tracy,  who  were  excused  from  attending  the  day's 
session.        The  Journal  of  November   30th   was   read   and   approved. 

Mr.  Majors,  on  behalf  of  the  Commercial  Club  of  Fairview,  offered 
to  prepare  and  present  to  the  Convention  the  Book  of  Rules,  Official 
Roster,  etc.,  of  the  Convention,  as  proposed  by  a  motion  of  yesterday,  and 
on  motion  the  offer  was  accepted  by  the  Convention. 

Mr.  Moore  introduced  a  memorial  from  the  club  women  of  Enid 
and  one  from  the  women  from  Garfield  County,  relating  to  employment 
and  education  of  children,  which  was  referred  to  the  Committee  on 
Labor  and  Arbitration  and  the  Committee  on  Education. 


CONVENTION  OF  OKT.AHOMA.  59 

Mr.  Haskell  introduced  by  request  a  resolution  regarding  the  pro- 
hibition of  the  liquor  traffic,  by  the  conference  of  the  Methodist  Epis- 
copal  Church,   South,    in   session   at   Tulsa,   Indian    Territory. 

On  motion  of  Mr.  Asp,  the  Committee  on  Rules  and  Procedure  was 
instructed  to  consider  and  report  on  Rule  64,  which  was  by  the  action 
of   the  Committee  of  the  Whole,   recommitted. 

The  President  appointed  J.  M.  Lynch  Committee  Clerk,  and  on 
motion  of   Mr.   Ellis   the  appointment  was   confirmed. 

Mr.  Ellis  introduced  Constitutional  Proposition  No.  16,  being  a 
proposition  Limiting  the  Power  of  the  Governor  to  Grant  Pardons  or 
Paroles  to  Persons  Convicted  of  Crime  and  Creating  a  Board  of  Pardons 
and  Paroles,  which  was  read  in  full,  read  the  second  time  by  title  and 
referred  to  the  Committee  on  Crimes  and  Punishment. 

Mr.  Rose  introduced  Constitutional  Proposition  No.  17,  being  a 
proposition  for  Preamble,  which  was  read  in  full,  read  a  second  time  by 
title  and  referred  to  the  Committee  on  Preamble  and  Bill  of  Rights. 

On  motion,  it  was  ordered  that  the  roll  be  called  and  members 
offer  the  Constitutional  Propositions  as  their  names  were  called. 

Mr.  Bilby  introduced  Constitutional  Proposition  No.  18,  being  a 
proposition  on  Liquor  Traffic,  which  was  read  in  full,  read  a  second  time 
by  title  and  referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Board  introduced  Constitutional  Proposition  No.  19,  being  a 
proposition  to  Establish  Separate  Schools  for  the  African  Race,  which  was 
read  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on  Education. 

Mr.  Board  introduced  Constitutional  Proposition  No.  2  0,  being  a 
proposition  to  provide  for  a  State  Printing  Plant,  which  was  read  in  full, 
read  the  second  time  by  title  and  referred  to  the  Committee  on  Public 
Printing. 

Mr.  Buchanan  introduced  Constitutional  Proposition  No.  21,  being 
a  proposition  relating  to  the  Education,  and  the  Establishment  of  a 
Public  School  system,  which  was  read  in  full,  read  a  second  time  by 
title  and  referred  to  the  Committee  on  State  and  School  Lands. 

Mr.  Bearing  introduced  Constitutional  Proposition  No.  22,  being  a 
proposition  for  the  Initiative  and  Referendum,  which  was  read  in  full, 
read  the  second  time  by  title  and  referred  to  the  Committee  on  Legis- 
lative Department. 

Mr.  Bearing  introduced  Constitutional  Proposition  No.  23,  being  a 
proposition  to  regulate  Trusts  and  Combines,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Private 
Corporations. 

Mr.  Harned  introduced  Constitutional  Proposition  No.  24,  being  a 
proposition  for  Preamble,  which  was  read  in  full,  read  a  second  time  by 
title  and  referred   to  the  Committee  on  Preamble  and  Bill   of  Rights. 


60  JOURNAL  OF  CONSTITUTIONAL 

Mr.    Haskell   introduced,   by    request,    Constitutional    Proposition    No. 

25,  being  a  proposition  relating  to  Election  Franchise  and  its  Regulation, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee  on  Suffrage. 

Mr.    Haskell   introduced,   by    request.    Constitutional   Proposition   No. 

26,  being  a  proposition  relating  to  Tax  Collections,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on  Reve- 
nue and  Taxation. 

Mr.  Hogg  introduced  Constitutional  Proposition  No.  27,  being  a 
proposition  Creating  a  Supreme  Court  for  Oklahoma  and  Defining  tjie 
Jurisdiction  of  Same,  which  was  read  in  full,  read  a  second  time  by  title 
and  referred  to  the  Committee  on  Judicial  Department. 

Mr.  Hunt  introduced  Constitutional  Proposition  No.  28,  being  a 
proposition  for  Primary  Elections,  which  was  read  in  full,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Primary  Elections. 

Mr.  Jones  introduced  Constitutional  Proposition  No.  29,  being  a 
proposition  for  a  Preamble  for  the  State  of  Oklahoma,  which  was  read 
in  full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Preamble   and   Bill   of   Rights. 

Mr.  Jones  introduced  Constitutional  Proposition  No.  30,  being  a 
proposition  Governing  the  Granting  of  Divorces  in  the  State  of  Okla- 
homa, which  was  read  in  full,  read  a  second  time  by  title  and  referred 
to   the   Committee   on   General   Provisions. 

Mr.  Jones  introduced  Constitutional  Proposition  No.  31,  being  a 
proposition  governing  Usury  and  Rate  of  Interest,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Banks  and   Banking. 

Mr.  Latimer  introduced  Constitutional  Proposition  No.  32,  being  a 
proposition  to  Prevent  the  Furnishing  of  Estimate  on  the  Acreage  and 
Probable  Output  of  Crops,  which  was  read  in  full,  read  a  second  time  by 
title  and   referred   to   the   Committee  on    Agriculture. 

Mr.  Leahy  introduced  Constitutional  Proposition  No.  33,  being  a 
proposition  on  Education,  which  was  read  in  full,  read  a  second  time 
by   title   and    referred   to    the   Committee   on   Education. 

Mr.  Messenger  introduced  Constitutional  Proposition  No.  34,  being  a 
proposition  on  Corporation  Business  and  Powers  to  Own  Real  Estate- 
Limited,  Corporations  Defined,  which  was  read  in  full,  read  a  second 
time  by   title  and   referred   to   Committee   on    Private   Corporations. 

Mr.  Messenger  introduced  Constitutional  Proposition  No. 35,  being  a 
proposition  on  Public  Office,  Eligibility  to,  Limited,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on  Gen- 
eral  Provisions. 

Mr.  Mitch  introduced  Constitutional  Proposition  No.  36,  being  a 
proposed    measure    for    the   Protection    and    Education    of    the    Child    and 


CONVEXTFOX  OF  OKLAHOMA.  61 

Regulating  Child  Labor,  which  was  read  in  lull,   read   a  .second  Lime  by 
title  and  referred  to  the  Committee  on  Educatiou. 

Mr.  Moore  introduced  Constitutional  Proposition  No.  37,  being  a 
proposition  Forbidding  the  State  of  Oklahoma,  all  Subdivisions  of  Same 
and  Municipal  Corporations  Therein  to  Incur  Public  Liability  for  Pri- 
vate Enterprise,  which  was  read  in  full,  I'ead  a  second  time  by  title  and 
referred  to  the  Committee  on   General    Provisions. 

Mr.  Norton  introduced  Constitutional  Proposition  No.  38,  being  a 
proposition  Regulating  the  Rate  of  Interest,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Banks 
and   Banking. 

Mr.  Norton  introduced  Constitutional  Proposition  No.  39,  being  a 
proposition  to  Govern  the  Right  of  Suffrage,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Suffrage. 

Mr.  Weaver  introduced  Constitutional  Proposition  No.  40,  being  a 
proposition  Forbidding  the  Sales  of  Public  School  Land  of  Oklahoma, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee  on  State  and  School  Lands. 

Mr.  Weaver  introduced  Constitutional  Pi-oposition  No.  41,  being  a 
proposition  to  Prevent  Intermarriage  of  Persons  of  White  and  Negro 
Races,  which  was  read  in  full,  read  a  second  time  by  title  and  referred 
to  the  Committee  on  General   Provisions. 

Mr.  Weaver  introduced  Constitutional  Proposition  No.  42,  being  a 
proposition  for  An  Inheritance  Tax  and  Giving  the  Legislature  Power  to 
Impose  a  Tax  on  Incomes,  which  was  read  in  full,  read  a  second  time 
by  title  and  referred  to  the  Committee  on  Revenue  and  Taxation. 

Mr.  Williams  of  District  3,  introduced  Constitutional  Proposition 
No.  4  3,  being  a  proposition  Authorizing  Farmers  to  Sell  Their  Own 
Products,  which  was  read  in  full,  read  a  second  time  by  title  and  re- 
ferred to  the  Committee  on  Agriculture. 

Mr.  Johnston  introduced  Constitutional  Proposition  No.  44,  being 
a  proposition  to  Embody  the  Initiative  and  Referendum  in  the  Constitution 
of  the  State  of  Oklahoma  as  An  Integral  Part  Thereof,  which  was  read 
in  full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Legislative  Department. 

Mr.  Liedtke  introduced  Constitutional  Proposition  No.  4  5.  being  a 
proposition  Placing  a  Limitation  Upon  the  Powers  of  the  State  and  Its 
Political  Subdivisions  Granting  Aid,  which  was  read  in  full,  read  a  sec- 
ond time  by  title  and  referred  to  the  Committee  on  General  Provisions. 

Mr.  Liedtke  introduced  Constitutional  Proposition  No.  4  6,  being  a 
proposition  to  Place  a  Limitation  on  Suffrage,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Suffrage. 

Mr.  Liedtke  introduced  Constitutional  Proposition  No.  4  7.  being  a 
proposition  Relating  to  the  Creation  of  Private  Corporations,   which  was 


62  JOURNAL  OF  CONSTITUTIONAL 

read  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on   Private   Corporations. 

Mr.  Liedtke  introduced  Constitutional  Proposition  No.  48,  being  a 
proposition  Prohibiting  Corporations  from  Contributing  to  Campaign 
Funds,  which  was  read  in  full,  read  a  second  time  by  title  and  rererred 
1.0  the  Committee  on   Private   Corporations. 

Mr.  Graham  introduced  Constitutional  Proposition  No.  49,  being  a 
proposition  Providing  for  Exemption,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Homesteads  and 
Exemptions. 

Mr.  Edley  introduced  Constitutional  Proposition  No.  50,  being  a 
Constitutional  Proposition  Relating  to  the  School  Lands  of  Oklahoma, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee   on   State   and   School   Lands. 

Mr.  Littlejohn  introduced  Constitutional  Proposition  No.  51,  being 
a  proposition  for  Preventing  Future  Speculation  in  Agricultural 
Products,  which  was  read  in  full,  read  a  second  time  by  title  and 
referred    to    the    Committee   on   Agriculture. 

Mr.  Littlejohn  introduced  Constitutional  Proposition  No.  52,  being 
a  proposition  Relating  to  Taxation  and  Revenue,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Revenue  and  Taxation. 

The  Convention  took  recess  until  2   p.  m. 

Afternoon    Session,    December    1,    1906 — 2   P.    M. 

Convention    met    pursuant   to    recess. 

The  roll  call  was  omitted. 

Upon  motion  of  Mr.  Williams  of  97,  the  following  resolution  was 
adopted: 

Resolved,  That  each  proposition  for  Constitutional  provision  shall 
contain  but  one  subject  matter,  which  shall  be  fully  stated  in  its  cap- 
tion. 

On  motion   of  Mr.   Pittman,   the   following   resolution  was   adopted: 

Resolved,  That  the  Convention  authorize  the  President  to  ap'point 
two  official  stenographers  and  reporters,  in  addition  to  tliose  now  pro- 
vided for,  making  five  in  all. 

Mr.  Lasater,  chairman  of  the  Committee  on  Revision,  Compilation, 
Style  and  Arrangements,  made  the  following  report,  which  on  motion 
of  Mr.  Jones,  was  laid  over  until  the  following  day: 

Mr.  President:  We,  your  Committee  on  Revision,  Compilation,  Style 
and  Arrangement,  beg  leave  to  make  the  following  recommendation 
with  reference  to  the  manner  of  keeping  the  Record  Journal  of  the  Pro- 
ceedings of  this  Convention:  That  the  Journal  be  kept  in  loose  leaf 
system  and  the  transcription  of  all  proceedings  be  done  with  typewriter; 


CONVENTION  OP  OKLAHOMA.  63 

and    we   respectfully    request    the    Convention    to    pass    upon    this    recom- 
mendation. 

Respectfully  submitted, 

MILAS    LASATER,    Chairman. 

Mr.  Hausam,  Chairman  of  the  Committee  on  Public  Roads  and 
Highways  and  Internal   Improvements,   made  the   following   report: 

The  Committee  on  Public  Roads  and  Highways  and  Internal  Im- 
provements, having  considered  and  adopted  the  resolution  hereto 
attached,  hereby  respectfully  report  to  this  Convention  and  ask  the  Con- 
vention to  adopt  same.      Immediate  action  is  necessary. 

Respectfully    submitted, 

A.    L.    HAUSAM,    Chairman. 

Resolved,  That  the  Convention,  recognizing  that  any  agency  that 
will  relieve  and  ameliorate  the  condition  of  the  people  of  this  State 
urge  the  Rivers  and  Harbors  Congress,  which  will  meet  at  Muskogee,  I. 
T.,  December  6,  to  recommend  to  the  Congress  of  the  United  States  that 
a  sufficient  appropriation  be  made  to  begin  actively  the  work  of  im- 
provement of  the  Arkansas  River,  from  the  mouth  of  Grand  River  lo 
the  mouth  of  the  Arkansas  River,  and  that  this  appropriation  be  suf 
ficient  to  maintain  the  work  of  improvement,  continuously  until  the 
proper  depth  has  been  secured. 

Resolved,  That  a  copy  of  these  resolutions  be  sent  to  Theo.  W. 
Gulick,  the  accredited  delegate  from  Oklahoma  and  Indian  Territory  tj 
the  Rivers  and  Harbors  Congress,  and  that  he  be  requested  to  present 
the  same  in   person  before  the   Congress. 

On  motion  of  Mr.  Johnston,  the  report  was  passed  to  the  third 
reading  and  the  ayes  and  nays  being  called  resulted  as  follows: 

Ayes:  Akers,  Allen,  Alderson,  Asp,  Baker,  Banks,  Berry,  Bilby, 
Board,  Bowers,  Brewers,  Bi-yant.  Buchanan,  Cain,  Carney,  Caudill,  Cham- 
bers, Cloud,  Cobb,  Cochran,  Copeland,  Covey,  Curl,  Dalton,  Bearing, 
Edley,  Edmondson,  Ellis,  Fisher,  Frye,  Gardner,  Graham,  Harned, 
HaiTis,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Helton,  Hen- 
dricks, Herring,  Hogg,  Hopkins,  Hill,  Houston,  Hudson,  Hughes, 
Humphrey,  Hunt,  Jenkins,  Johnston,  Jones,  Kane,  King,  Langley, 
Lasater,  Latimer,  Leahy,  Lee,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  Mc- 
Cance,  McClure,  Majors,  Mathis,  Messenger,  Mitch,  Moore,  Newell,  Norton, 
Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlln, 
Safer,  Savage,  ^Sorrells,  Stowe,  Swarts,  Tosh,  Tenor,  Tucker,  Turner, 
Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wood  of  8, 
Wood   of   89,  "Wyatt,   Wyly,   and   President   Murray. 

Nays:   0.     Absent,  13. 

The  report  was  adopted. 

On  motion  of  Mr.  Johnston,  it  was  ordered  that  there  be  one  en 
rollment   and   ten   engrossments   and   that   the   engrossed   copies   be    fur- 


64  JOURNAL  OF  CONSTITUTIONAL 

nished  the  chairman   of  the   Committee  on   Public  Roads  and   Highways 
and  Internal  Improvements  for  distribution  to  the  proper  persons. 

A  communication  from  Secretary  Filson  was  received  advising  the 
Convention  of  the  assignment  for  its  use  of  certain  committee  rooms, 
which  was  referred  to  the  Committee  on  Rules  and  Procedure  for  as 
signment   to  the  various   committees. 

Mr.  Hausam,  chairman  of  the  Committee  on  Public  Roads  and 
Highways  and  Internal  Improvements,  asked  leave  of  absence  for  him- 
self and  Ave  other  members  of  the  committee  to  attend  the  Nationa' 
C.ood  Roads  Meeting  at  Muskogee,  December  oth,  6th  and  7th,  whicn 
-vas  granted. 

Mr.  King,  chairman  of  the  Committee  on  Rules  and  Procedure, 
made   the  following    report: 

Mr.  President:  We,  your  Committee  on  Rules,  to  whom  was  refer- 
red on  the  first  day  of  December,  1906,  Rule  No.  64,  of  the  original 
draft,  having  had  under  consideration  the  matter  referred  to  us,  bos 
leave  to  submit  the  following  report: 

First — That  said  Rule  64  be  inserted  and  numbered  by  the  Com- 
mittee on  Printing  in  its  proper  order  and  prefaced  in  the  General  Rules 
of   the   Convention. 

Second — That  said  rule  be  reconstructed  and  amended  so  as  to  read 
as    follows: 

Rule  .  It  shall  be  the  duty  of  the  stenographers  of  the  Con- 
vention to  be  present  at  every  session  of  the  Convention;  they  shall  take 
stenographic  notes  of  the  proceedings  of  the  Convention  and  in  the  Com- 
mittee of  the  Whole  and  shall  at  each  day's  session  of  the  Convention 
furnish  at  least  three  typewritten  copies  of  the  proceedings  of  the  day 
before  and  file  the  same  with  the  Secretary  of  the  Convention,,  who 
shall  keep  the  same  in  his  oflBce,  and  one  copy  of  the  same  shall  at  all 
times  be  open  to  the  inspection,  of  the  Delegates. 

The  official  stenographers  and  committee  stenographers  shall  each 
be  subject  to  the  order  of  the  President  and  the  Secretary,  who  shall 
assign  their  labors  in  alternate  relays  not  exceeding  two  hours  each 
that  each  may  be  given  ample  opportunity  to  transcribe  and  file  his 
notes  as  above  provided:  and  the  notes  of  each  stenographer  when  so 
transcribed,  being  the  property  of  the  Convention,  shall  be  filed  with 
the   Secretary. 

All  of  which  is  respectfully  submitted  with  the  recommendation 
that  it  be  passed  and   adopted  by  the  Convention. 

J.    F.    KING,    Chairman 

Upon  motion  of  I\Ir.  Herring,  the  report  with  the  rules  as  reported, 
were    adopted. 

The  President  then  announced  the  following  committees,  which 
were,   upon   motion   of  Mr.   Johnston,   confirmed: 


CONVENTION  OF  OixLAHOMA.  65 

No.  34.  Committee  on  Convention  Printing  and  Reporting.  Seven 
members.  Cliairman,  Mr.  Wood  of  8;  Messrs.  Kelly,  Wills,  Chambers, 
Turner,    Tosh   and    Gardner. 

No.  21  Committee  on  Public  Printing.  Eleven  members.  Chair- 
man, Mr.  McCance;  Messrs.  Roberts,  Leeper,  Hausam,  Dalton,  Wood  of 
8,  Bowers,  Wood  of  89,  Fisher,  Kelly  and  Frye. 

On  motion  of  Mr.  Pittman,  the  Convention  adjourned  until  10 
o'clock  a.   m.,   Monday,   December   3,    1906. 

Monday,    December   3,    1900 — 10    A.   M. 

Convention    met    pursuant   to    adjournment. 

The  roll  was  called;  all  members  present  except  Messrs.  Berry, 
Maxey,  Nelson,  Norton. 

The  Journal  of  Saturday,  December   1st,   read  and  accepted. 

Upon  motion  of  Mr.  Ledbetter,  the  following  resolution  was  adopted: 

Resolved,  That  the  Sergeant-at-Arms  be  and  is  hereby  authorized 
and  directed  to  procure  for  such  standing  committees  of  the  Convention, 
as  shall  by  resolution  request  the  same,  suitable  blank  books  or  Jour- 
nals in  which  to  keep  a  docket  and  record  of  all  matters  referred  to  the 
committees  and  the  action  of  the  committees  thereon. 

Mr.  King  introduced  a  resolution  in  regard  to  the  Purchase  of  Coal 
Deposits,  which  was  referred  to  the  Special  Committee  on  Coal,  Gas 
and   Oil. 

The  President  then  announced  as  members  of  the  Special  Commit- 
tee on  Coal,  Oil  and  Gas.  Mr.  Chambers,  chairman;  Messrs.  Williams 
of  108,  Tosh,  Mathis,  Copeland,  Leahy  and  Cloud,  which  upon  motion, 
was  confirmed. 

Mr.  Banks  then  -introduced  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Revision,  Compilation,  Style  and  Arrange- 
ment: 

Resolved,  That  the  State  Constitution,  all  Acts  of  the  Legislature, 
and  all  Decisions  of  Courts  of  Commissions,  be  so  plain  and  definite  and 
precise  in  meaning  that  they  can  be  definitely  understood  and  admit  of 
no    adverse    interpretation. 

Mr.  Edley  introduced  petitions  from  the  Federation  of  Women's 
Clubs  of  Oklahoma,  relating  to  child  labor,  compulsory  education  and 
forestry,  which  was  referred  to  Committee  on  Education. 

The  President  introduced,  by  request,  a  memorial  from  James  A. 
Parks,  Secretary  of  Oklahoma  Methodist  Episcopal  Church,  South,  re- 
garding State-wide  Prohibition,  which  was  referred  to  the  Committee  on 
Liquor  Traffic. 

Mr.  Mitch  moved  the  ado])tion  of  the  resolution  providing  for 
the  Notification  of  the  Committee  of  Time  and  Place  of  Meeting,  whicH 
was  referred  to  the  Committee  on  Rules  and  Procedure. 


66  JOURNAL  OF  CONSTITUTIONAL 

Mr.  Herring  moved  that  Rule  30,  Chapter  14,  on  Page  9,  be  amended 
as  follows:  By  striking  out  the  words.  Shall  be  immediately  printed 
and  placed  on  the  files  of  each  member. 

On  motion  of  Mr.  Leahy,  the  motion  was  referred  to  the  Commit- 
tee on  Rules  and  Procedure. 

Mr.  Asp  asked  to  be  excused  from  attending  the  day's  session.  Re- 
quest granted   by  the   Convention. 

Unanimous  consent  being  given  Mr.  King,  chairman  of  the  Com- 
mittee on  Rules  and  Procedure,  made  the  following  report,  which  upon 
motion  of  Mr.  Johnston,  was  adopted: 

Mr.  President:  We,  your  Committee  on  Rules,  to  whom  was  re- 
ferred the  proposition  of  assignment  of  committees  to  rooms,  together 
with  the  clerical  force  thereof,  beg  leave  to  submit  that  we  have  had 
under  consideration  the  matter  referred  to  us  and  thereupon,  make  the 
following  report  and  recommendation: 

That  room  No.  1,  known  as  the  south  room  of  the  Council  Chamber 
of  the  City  Hall,  be  and  is  hereby  assigned  to  committees  as  follows: 

No.  3,  Federal  Relations:  No.  4,  Legislative  Department;  No.  5, 
Judicial  Department;  No.  30,  County  and  County  Boundaries,  and  No. 
35,    Liquor  Traffic. 

And  to  which  committees  and  committee  room  we  assign  as  clerk 
therefor,  C.  C.  Worrall. 

That  room  No.  2,  known  as  the  north  room  of  said  Council  Cham- 
ber, in  said  City  Hall,  be  and  is  hereby  assigned  to  committees,  as  fol- 
lows: 

No.  1,  Rules  and  Procedure;  No.  2,  Preamble  and  Bill  of  Rights; 
No.  19,  Enrollment  and  Engrossment;  No.  34,  Convention  Printing  and 
Reporting;  No.  39,  Convention  Accounts  and  Expenses;  No.  40,  Revi- 
sion, Compilation,  Style  and  Arrangement;  No.  41,  General  Provisions, 
Constitutional  Amendments   and   Revision. 

And  to  which  committees  and  committee  room  we  assign  as  clerk 
thereof,  E.  J.  Dick. 

That  room  No.  3,  known  as  the  Police  Court  room  of  the  City  Hall, 
be   and    is    hereby    assigned    to    committees,    as    follows: 

No.  9,  Agriculture:  No.  10,  Immigration;  No.  17,  Public  Roads  and 
Highways  and  Internal  Improvements;  No.  23.  Impeachment  and  Re- 
moval from  Office:  No.  24.  Geological  Survey:  No.  36,  Manufactures  and 
Commerce;  No.  29,  State  Militia;  No.  42.  Labor  and  Arbitration;  No.  45, 
Public    Health   and    Sanitation. 

And  to  which  committees  and  committee  room  we  assign  as  clerk 
thereof,  S.  F.  Boyden. 

That  room  No.  4,  known  as  room  No.  20,  Beadles  Block,  be  and  the 
same  is  hereby  assigned  to  committees,  as  follows: 

No.  6,  Executive  Department;  No.  12,  Private  Corporations;  No.   13, 


CONVENTIOx\  OF  OKLAHOMA.  67 

Railroads   and   Public   Service   Corporations;    No.    27.    Insurance;    No.    31, 
Slate  and  School  Lands;   No.  44,  Public  Debt  and  Public  Works. 

And  to  which  committees  and  committee  room,  we  assign  as  clerk 
thereof.  Miss  Josephine  Schott. 

That  room  No.  5,  known  as  room  No.  27,  Readies  Block,  be  and 
the    same    is    hereby    assigned    to    committees,    as    follows: 

No.  26,  Banks,  Banking,  Loan,  Trust  and  Guaranty  Companies; 
No.  2  8,  Committee  on  Homestead  and  Exemptions;  No.  11,  Crimes  and 
Punishment, 

And  to  which  committees  and  committee  room  we  assign  as  clerks 
thereof,   G.   C.  Stork,  H.  P.  Stonum  and  D.   Fuller  Gore. 

That  room  No.  6,  known  as  room  No.  33  in  said  Beadles  Block,  be 
and  the  same  is  hereby  assigned  to  committees,  as  follows: 

No.  14,  Municipal  Corporations;  No.  15,  Public  Institutions  and 
State  Buildings;  No.  3  2,  Legislative  Apportionment;  No.  33,  Judicial 
Apportionment;  No.  38,  County  and  Township  Organization;  No.  43, 
The    Schedule. 

And  to  which  committees  and  committee  room  we  assign  as  clerks 
thereof,   Joseph   B.   Johnston  and   C.    T.    Byrd. 

That  room  No.  7,  known  as  the  two  front  west  rooms  at  No.  115 
West  Oklahoma  Avenue,  be  and  the  same  is  hereby  assigned  to  the 
committees,    as    follows: 

No.  8,  Education;  No.  15,  Revenue  and  Taxation;  No.  20,  Salaries 
and  Compensation  of  Public  Officers;  No.  21,  Public  Printing;  No.  22, 
Mines,  Mining,  Oil  and  Gas;    No.   37,  Ordinances. 

And  to  which  committees  and  committee  rooms  we  assign  as  clerk 
thereof,  J.  M.  Lynch. 

That  room  No.  8,  known  as  the  Tribune  office,  be  and  the  same  is 
hereby  assigned  to  committees,   as  follows: 

No.  7,  Suffrage;  No.  18,  Privileges  and  Elections;  No.  25.  Primary 
Elections. 

And  to  which  said  committees  and  committee  room  we  assign  as 
clerk   thereof,    Clifford   Caldwell. 

All  of  which  is  respectfully  submitted  with  the  recommendation 
that  it  is  adopted  and  approved  by  the  Convention. 

J.    F.    KING, 
Vice-Chairman    of    the    Commitee    on    Rules. 
Mr.  Asp  introduced  Constitutional  Proposition  No.  53,  being  a  prop- 
osition for  Preamble,  which  was  read  in  full,  read  a  second  time  by  title 
and  referred  to  the  Committee  on  Preamble  and  Bill  of  Rights. 

Mr.  Asp  introduced  Constitutional  Proposition  No.  54,  being  a  prop- 
osition for  Bill  of  Rights,  which  was  read  in  full,  read  a  second  time  by 
title  and  referred  to  the  Committee  on  Preamble  and  Bill  of  Rights. 

Mr.    Baker   introduced    Constitutional   Proposition   No.    55,    being   a 


68  JOURNAL  OF  CONSTITUTIONAL 

proposition  for  section  in  the  Bill  of  Rights,  relating  to  the  Administra- 
tion of  Laws,  which  was  read  in  full,  read  a  second  time  by  title  and 
relerred  to  the  Committee  on  Preamble  and  Bill  of  Rights. 

Mr.  Edley  introduced  Constitutional  Proposition  No.  5  6,  being  a 
proposition  for  State  Militia,  which  was  read,  read  a  second  time  by  title 
and  referred  to  the  Committee  on  State  Militia. 

Mr.  Edley  introduced  Constitutional  Proposition  No.  5  7,  being  a 
proposition  relating  to  the  Creation  of  a  Commissioner  of  Agriculture, 
Labor  and'  Statistics,  which  was  read,  read  a  second  time  by  title  and 
referred  to  the  Committee  on  Agriculture. 

Mr.  Edley  introduced  Constitutional  Proposition  No.  58,  being'  a 
proposition  relating  to  Banks  Receiving  Deposits  when  Known  to  be  Insol- 
vent, which  was  read,  read  a  second  time  by  title  and  referred  to  the 
Committee  on  Banks  and  Banking. 

Mr.  Akers  introduced  Constitutional  Proposition  No.  59,  being  a 
proposition  relating  to  the  Sale  of  School  and  Other  Lands  in  the  State 
of  Oklahoma,  which  was  read,  read  a  second  time  by  title  and  referred 
to  the  Committee  on  State  and  School  Land. 

Mr.  Bilby  introduced  Constitutional  Proposition  No.  60,  being  a 
proposition  creating  .Tuvenile  Courts,  which  was  read,  read  a  second  time 
by  title  and  referred  to  the  Committee  on  Judiciary  and  Judicial  Depart- 
ments. 

Mr.  Cain  introduced  Constitutional  Proposition  No.  61,  being  a 
proposition  entitled,  A  Dry  Plank  for  the  Entire  State,  which  was  read, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Liquor 
Traffic. 

Mr.  Chambers  introduced  Constitutional  Proposition  No.  6  2,  being 
a  proposition  for  Freedom  of  Speech  and  Press,  which  was  read,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Preamble  and  Bill 
of  Rights. 

Mr.  Chambers  introduced  Constitutional  Proposition  No.  63,  being  a 
proposition  for  Salaries  of  State  and  County  Officers,  which  was  read, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Salaries  and 
Compensation  of  Public  Officers. 

Mr.  Chambers  introduced  Constitutional  Proposition  No.  64,  being  a 
proposition  on  Permanent  Location  of  Capitol  Site,  which  was  read,  read 
a  second  time  by  title  and  referred  to  the  Committee  on  Public  Build- 
ings. 

Mr.  Covey  introduced  Constitutional  Proposition  No.  65,  being  a 
proposition  for  Constitutional  Provision  on  Suffrage,  which  was  read, 
read  a  second  time  by  title  and  referred  to   the  Committee  on  Suffrage. 

Mr.  Ellis  introduced  Constitutional  Proposition  No.  66,  being  a  prop- 
osition to  Exempt  from  Attachment  or  Execution  or  Seizure  for  Debt,  a 


CONVENTION  OF  OKLAHOMA.  69 

Homestead  to  Heads  of  Families,  which  was  read,  read  a  second  time  by 
title  and  referred  to  the  Committee  on  Homesteads  and  Exemption. 

Mr.  Hanraty  introduced  Constitutional  Proposition  No.  67,  being  a 
proposition  relating  to  Employer's  Liability,  and  the  Doctrine  of  Fellow 
Servants,  which  was  read,  read  a  second  time  by  title  and  referred  to  the 
Committee  on  Railroads  and  Public  Service  Corporations. 

Mr.  Gardner  introduced  Constitutional  Proposition  No.  68,  being  a 
proposition  relating  to  Homesteads,  which  was  read,  read  a  second  time 
by  title  and  referred  to  the  Committee  on  Homesteads  and  Exemptions. 

Mr.  Harned  introduced  Constitutional  Proposition  No.  69,  being  a 
proposition  against  Gaml>ling,  which  was  read,  read  a  second  time  by  titl? 
and  referred  to  the  Committee  on  Crimes  and  Punishment. 

Mr.  Harris  introduced  Constitutional  Proposition  No.  70,  being  a 
proposition  relating  to  the  Legal  Rate  of  Interest,  which  was  read,  read 
a  second  time  by  title  and  referred  to  the  Committee  on  Banks  and 
Banking. 

Mr.  Harris  introduced  Constitutional  Proposition  No.  71,  being  a 
proposition  relating  to  Separate  Schools  for  Children  of  African  Descent, 
which  was  read,  read  a  second  time  by  title  and  referred  to  the  Committee 
on  Education. 

Mr.  Hausam  introduced  Constitutional  Proposition  No.  7  2,  being  a 
proposition  for  the  purpose  of  Establishing  a  Department  of  Agriculture 
and  for  the  Regulation  of  the  Same,  which  was  read,  read  a  second  time 
and  referred  to  the  Committee  on  Agriculture. 

Mr.  Herring  introduced  Constitutional  Proposition  No.  73,  being  a 
l)roposition  on  Constitutional  Provision  of  Law,  which  was  read,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Judiciary  Depart- 
ments. 

Mr.  Herring  introduced  Constitutional  Proposition  No.  7  4,  being  a 
proposition  for  the  Name  of  State,  which  was  read,  read  a  second  time 
by  title  and  referred  to  the  Committee  on  Preamble  and  Bill  of  Rights. 

Mr.  Hogg  introduced  Constitutional  Proposition  No.  7  5,  being  a 
proposition  for  County  and  County  Seats,  which  was  read,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  General  Provisions. 

Mr.  Hogg  introduced  Constitutional  Proposition  No.  76.  being  a 
proposition  for  County  Officers,  which  was  read,  read  a  second  time  by 
title  and  referred  to  the  Committee  on  County  and  County  Organization 
and  Government. 

Mr.  Hunt  introduced  Constitutional  Proposition  No.  77,  being  a 
proposition  relating  to  School  Lands,  which  was  read,  read  a  second  time 
by  title  and  referred  to  the  Committee  on  State  and  School  Lands. 

Mr.  James  introduced  Constitutional  Proposition  No.  78,  being  -x 
proposition  to  Comply  with  the  Enabling  Act  with  Respect  to  Setting 
Apart  Land  for  the  Benefit  of  the  Common  Schools,  Colleges  and  Univer- 


70  JOURNAL  OF  CONSTITUTIONAL 

sities,  which  was  read,  read  a  second  time  by  title  and  referred  to  the 
Committee  on   Federal  Relations. 

Mr.  Langley  introduced  Constitutional  Proposition  No.  7  9,  being  a 
proposition  on  Bill  of  Rights,  which  was  read,  read  a  second  time  by 
title  and  referred  to  the  Committee  on  Preamble  and  Bill  of  Rights. 

Mr.  Langley  introduced  Constitutional  Proposition  No.  80,  being  a 
proposition  on  Declaration  of  Rights,  which  was  read,  read  a  second  time 
by  title  and  referred  to  the  Committee  on  Preamble  and  Bill  of  Rights. 

Mr.  Leahy  introduced  Constitutional  Proposition  No.  81,  being  a 
proposition  on  Elective  Franchise,  which  was  read,  read  a  second  time 
^y  title  and  referred  to  the  Committee  on  Suffrage. 

Mr.  Leeper  introduced  Constitutional  Proposition  No.  8  2,  being  a 
proposition  Fixing  the  Rate  of  Interest,  which  was  read,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Banks  and  Banking. 

Mr.  Leeper  introduced  Constitutional  Proposition  No.  83,  being  a 
proposition  Prohibiting  the  Capital  Punishment  of  Women,  which  was 
read,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Crimes  and  Punishment. 

Mr.  Littlejohn  introduced  Constitutional  Proposition  No.  8  4,  being  a 
proposition  to  Regulate  Writs  of  Injunction  in  Strikes  and  Labor 
Troubles,  which  was  read,  read  a  second  time  by  title  and  referred  to  the 
Committee  on   Labor  and  Arbitration. 

Mr.  McCance  introduced  Constitutional  Proposition  No.  85,  being  a 
proposition  providing  for  Separate  Schools  for  Whites  and  Blacks,  which 
was  read,  read  a  second  time  by  title  and  referred  to  the  Committee 
on  Education. 

Mr.  Mitch  introduced  Constitutional  Proposition  No.  86,  being  a 
proposition  for  the  Permanent  Location  of  the  Capitol,  which  was  read, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Public 
Buildings. 

Mr.  Swarts  introduced  Constitutional  Proposition  No.  87,  being  a 
proposition  relating  to  Revenue  and  Taxation,  which  was  read,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Revenue  and  Tax- 
ation. 

Mr.  Swarts  introduced  Constitutional  Proposition  No.  88,  being  a 
proposition  relating  to  Suffrage,  which  was  read,  read  a  second  time  by 
title  and  referred  to  the  Committee  on  Suffrage. 

Mr.  Tucker  introduced  Constitutional  Proposition  No.  89,  being  a 
proposition  Limiting  the  Right  of  Suffrage,  which  was  read,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Suffrage. 

Mr,  Tucker  introduced  Constitutional  Proposition  No.  90,  being  a 
proposition  relating  to  the  Legislative  Houses  and  Names  for  Same, 
which  was  read,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee on  Legislative  Department. 


CONVENTION  OP  OKLAHOMA.  71 

Mr.  Williams  of  97,  introduced  Constitutional  Proposition  No.  91, 
being  a  proposition  Fixing  the  Liability  of  Corporations  Chartered  Under 
the  Laws  of  This  State,  which  was  read,  read  a  second  time  by  title  and 
referred  to  the  Committee  on  Private  Corporations. 

Mr.  Williams  of  97,  introduced  Constitutional  Proposition  No.  92, 
being  a  proposition  to  Provide  for  the  Organization  of  the  State  Militia, 
which  was  read,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee on   State   Militia. 

Mr.  Williams  of  97,  introduced  Constitutional  Proposition  No.  93, 
being  a  proposition  relating  to  Employes,  Their  Protection  and  Rights, 
which  was  read,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee on  Labor  and  Arbitration. 

Mr.  Wood  of  89,  introduced  Constitutional  Proposition  No.  94,  being 
a  proposition  Pi'oviding  for  and  Establishing  a  Legal  Rate  of  Interest 
for  the  State  of  Oklahoma,  which  was  read,  read  a  second  time  by  title 
and  referred  to  the  Committee  on  Banks  and  Banking. 

Mr.  Wyatt  introduced  Constitutional  Proposition  No.  95,  being  a 
proposition  relating  to  the  Prevention  of  the  State  Loaning  or  Giving 
Its  Credit,  which  was  read,  read  a  second  time  by  title  and  referred  to 
the   Committee   on   Legislative  Department. 

Mr.  Wyatt  introduced  Constitutional  Proposition  No.  96,  being  a 
proposition  relating  to  Amendments  of  the  United  States  Constitution, 
which  was  read,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee on  Legislative  Department. 

Mr.  Wyly  introduced  Constitutional  Proposition  No.  9  7,  being  a 
proposition  providing  for  a  Railroad  and  Corporation  Commission,  which 
was  read,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Railroads  and  Public  Service  Corporations. 

Mr.  Baker  asked  to  be  excused  from  attending  the  afternoon  session, 
for  the  purpose  of  securing  information  relative  to  his  committee  work, 
which  was  granted. 

The  Convention  took  recess  until  2  p.  m. 

Afternoon   Session,   December   3,    1906 — 2  P.    M. 

The  Convention  met  pursuant  to  recess.     Roll  call  was  omitted. 

The  President  appointed  as  Committee  Clerks,  S.  F.  Boydem,  E.  J, 
Dick  and  Clifford  Caldwell,  and  on  motion  of  Mr.  Johnston  the  appoint- 
ments were  confirmed. 

On  motion  of  Mr.  King,  the  salary  of  .loseph  E.  Johnston,  Assistant 
Secretary,  was  fixed  at  five  dollars  per  day  from  date  of  appointment. 

On  motion  of  Mr.  Lasater  the  report  of  the  Committee  on  Revision, 
Compilation,  Style  and  Arrangement  v/as  taken  up.  Mr.  Stowe  moved 
to  adopt  the  report,  and  on  vote  being  taken  the  motion  was  lost. 


72  JOURNAL  OF  CONSTITUTIONAL 

On  motion  of  Mr.  King,  it  was  ordered  that  the  Journals  be  written 
in  long  hand   in  a  well-bound  book,  with  good  ink. 

Mr.  Herring  moved  that  no  more  resolutions  be  printed  until  the 
Committee  on  Rules  and  Procedure  report  on  Rule  30. 

On  motion,  the-  motion  of  Mr.  Herring  was  referred  to  the  Com- 
mittee on  Rules  and  Procedure. 

On  motion  of  Mr.  Pittman,  the  Convention  adjourned  until  10 
o'clock  a.  m.,  Tuesday,  December  4th,  1906. 

Tuesday,  December  4,   1906 — 10  A.  M. 

Convention  met  pursuant  to  adjournment.  Roll  called;  all  members 
present  except  Harrison  of  45. 

Journal  of  yesterday  read  and  approved. 

The  President  appointed  the  following  committees,  which  on  motion 
were  confirmed:  . 

Committee  on  Liquor  Traffic:  Mr.  Roberts,  Chairman;  Messrs.  Led- 
better,  Johnston,  Caudill,  Wood  of  8,  Harned,  Williams  of  97,  Rogers, 
Leahy,   Tosh,  Messenger,   McCance,  Sater,  Cobb   and  Stowe. 

Committee  on  Counties  and  County  Boundaries:  Mr.  Allen.  Chair- 
man; Messrs.  Gardner,  Roberts,  Nelson,  Rogers,  Tracy,  Leeper,  Henshaw, 
Lasater,    Hanraty,    Carr,    Tenor,    Banks,    Wills    and    Turner. 

Mr.  Rose  introduced  the  following  resolution,  which  under  the  rules, 
was  laid  over  one  day: 

Resolved,  That  the  Committee  on  Rules  be  instructed  to  prepare  a 
program  or  schedule  of  the  date  and  hour  of  the  sittings  of  each  stand- 
ing committee. 

That  in  preparing  said  program  or  schedule  it  be  made  to  accom- 
modate, as  nearly  as  may  be,  members  who  are  named  to  serve  on 
several  different  committees.  That  they  prepare  and  report  a  pro- 
vision for  adequate  penalty,  or  some  sufficient  measure  to  insure 
punctual  attendance  on  the  sitting  of  some  committees  by  the  respec- 
tive member  thereof. 

That  report  be  made  by  the  Committee  on  Rules,  of  their  action 
thereon,    at    their    earliest    practicable    moment. 

Mr.  Swarts  introduced  a  resolution  recommending  an  amendment 
to  the  Constitution  of  the  United  States,  which-  was  referred  to  the 
Committee   on   Federal   Relations. 

Mr.  Latimer  introduced  a  resolution  to  empower  the  Delegates  to 
name  the  Counties  in  the  Indian  Territory,  which  was  referred  to  the 
Committees  on   Counties   and   County   Boundaries. 

Mr.  Williams  of  3,  introduced  the  following  resolution,  which 
under  the   rules,   was   laid  over  one   day: 

Resolved,  That  a  committee  of  three  be  appointed  to  invite  Hon. 
J.  A.  Everett,  of  Indianapolis,  Indiana,  National  President  of  the  Amer- 
ican  Society   of  Equity,   and   Honorable  E.   A.    Calvin,   of   Dallas,   Texas, 


CONVENTION  OF  OKLAHOMA.  73 

National  President  of  tlie  Farmers'  Educational  and  Co-operative  Union, 
to  attend  this  Convention  some  time  during  its  sittings  and  address 
same. 

Mr.  Kornegay  introduced,  by  request,  the  following  Religious  Libr 
erty  Petition,  which  was  referred  to  the  Committee  on  Preamble  and 
Bill  of  Rights: 

Religious     Liberty     Petition. 
"To  the   Honorable   Chairman   and   Members   of  the   Oklahoma    Constitu- 
tional  Convention,   Assembled: 

"We,  the  undersigned  adult  residents  of  Vinita,  Indian  Territory, 
believing  that  the  Church  and  the  State  should  be  kept  entirely  and 
forever  separate;  that  religious  legislation  is  subversive  of  good  govern- 
ment, contrary  to  the  principles  of  sound  religion,  and  can  result  only 
in  religious  persecutions  and  political  corruption,  hereby  humbly  but 
most  earnestly  petition  your  honorable  body  to  safeguard  the  future 
well  being  of  the  Great  Commonwealth  of  Oklahoma: 

"First — By  omitting  from  both  the  preamble  and  body  of  the  Con- 
stitution any  religious  declaration  or  recognition  which  might  be  taken 
as  a  basis  for  religious  legislation. 

"Second — By  a  clearly  stated  prohibition,  similar  to  the  First 
Amendment  to  the  United  States  Constitution,  barring  the  State  Legis- 
lature from  ever  making  any  law  which  shall  establish  any  religious 
rite   or   observance,   or   abridge   religious    freedom." 

Similar  petitions  were  introduced  by  the  following  members,  and 
the  same  reference  made:  Messrs.  Ellis,  Tucker,  Moore,  Williams  of  3, 
Safer,  Curl,  Bearing,  Williams  of  97,  Harrison  of  88,  Rice,  Cochran, 
Tracy.  King,  Hunt,  Cloud,  Hopkins,  Williams  of  108,  Bilby,  Harned, 
Hanraty,  Mathis,  Covey,  Dalton,  Tenor,  Lasater,  Sandlin,  Majors,  Mitch, 
Kane,  Norton,   Herring,   Hughes,   and   Ramsey. 

Mr.  Pittman  introduced  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Rules  and   Procedure: 

Whereas,  The  principal  work  of  this  body  is  to  be  done  in  com- 
mittee;  therefore,  be  it 

Resolved,  That  the  Convention  hold  no  further  afternoon  sessions 
until  ordered  by  a  majority  vote  of  the  Convention. 

Mr.  Norton  introduced  a  petition  relating  to  Municipal  Organization, 
which  was  referred  to  the  Committee  of  County  and  Township  Organ- 
ization. 

Mr.  Curl  introduced  a  petition  on  the  Sale  of  Liquor  in  Oklahoma, 
which  was  referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Hogg  was  granted  an  indefinite  leave  of  absence  on  account 
of    illness    of    his    daughter. 

Mr.  Asp  introduced  Constitutional  Proposition  No.  98,  being  a 
proposition  relating  to  Revenue  and  Taxation,  which  was  read  in  full, 


74  JOURNAL  OF  CONSTITUTIONAL 

read  a  second  time  by  title  and  referred  to  the  Committee  on  Revenue 
and  Taxation. 

Mr.  Williams  of  10  8,  introduced  Constitutional  Proposition  No.  99, 
being  a  proposition  Prohibiting  Corporations  from  Dealing  in  Real 
Estate,  which  was  read  in  full,  read  a  second  time  by  title  and  referred 
to    the   Committee    on    Private    Corporations. 

Mr.  Williams  of  108,  introduced  Constitutional  Proposition  No.  100, 
being  a  proposition  Placing  a  Limitation  Upon  Foreign  Corporations 
Engaging  in  Business  in  This  State,  which  was  read  in  full,  i-ead  a 
second  time  by  title  and  referred  to  the  Committee  on  Railroads  and 
Public    Service    Corporations. 

Mr.  Baker  introduced  Constitutional  Proposition  No.  101,  being 
a  proposition  on  Qualification  to  Hold  Office,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  General 
Provisions. 

Mr.  Baker  introduced  Constitutional  Proposition  No.  102,  being  a 
proposition  Limiting  the  Powers  of  the  Legislature  of  the  State  of 
Oklahoma  to  Pass  Local  or  Special  Laws  in  Certain  Enumerated  Cases, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee   on   Legislative   Department. 

Mr.  Baker  introduced  Constitutional  Proposition  No.  103,  being  a 
proposition  for  Preamble,  which  was  read  in  full,  read  a  second  time 
by  title  and  referred  to  the  Committee  on  Preamble  and  Bill   of  Rights. 

Mr.  Bilby  introduced  Constitutional  Proposition  No.  104,  being  a 
])roposition  on  Right  of  Recall,  which  was  I'ead  in  full,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  General  Provisions. 

Mr.  Buchanan  introduced  Constitutional  Proposition  No.  105,  being 
a  proposition  relating  to  the  State  University  and  Management  Thereof, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee   on   Education. 

Mr.  Carr  introduced  Constitutional  Proposition  No.  106,  being  a 
proposition  Regulating  Corporations,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Railroads  and 
Public   Service   Corporations. 

Mr.  Cochran  introduced  Constitutional  Pi'oposition  No.  107.  being 
a  proposition  to  Establish  a  School  of  Reform  for  Youthful  Violators, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee   on    Education. 

Mr.  Covey  introduced  Constitutional  Proposition  No.  108,  being  a 
proposition  Regulating  the  Payment  of  Taxes,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Revenue 
and  Taxation. 

Mr.    Covey   introduced   proposition    for   Preamble,    which   was    read 


CONVENTION  OF  OKLAHOMA.  75 

in   full,    read  a  second   time   by   title   and    referred   to   the   Committee   on 
Preamble  and   Bill  of  Rights. 

Mr.  Covey  introduced  Constitutional  Proposition  No.  110,  being  a 
proposition  on  Exemption  of  Real  Estate,  which  was  read  in  full,  read 
a  second  time  by  title  and  referred  to  the  Committee  on  Homesteads 
and  Exemptions. 

Mr.  Curl  introduced  Constitutional  Proposition  No.  Ill,  being  a 
proposition  on  Legal  Rate  of  Interest,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Banks  and 
Banking. 

Mr.  Dalton  introduced  Constitutional  Proposition  No.  112,  being  a 
proposition  relating  to  Rights  of  State,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  General  Pro- 
visions. 

Mr.  Dalton  introduced  Constitutional  Proposition  No.  113,  being  a 
proposition  relating  to  the  Rights  of  Farmers,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Agri- 
culture. 

Mr.  Bearing  introduced  Constitutional  Proposition  No.  114,  being 
a  proposition  Prescribing  Certain  Qualifications  for  Office,  which  was 
read  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on  Executive  Department. 

Mr.  Haskell  introduced  Constitutional  Proposition  No.  116,  being 
a  proposition  providing  for  a. Maximum  Tax  Limit,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on  Reve- 
nue and  Taxation. 

Mr.  Haskell  introduced  Constitutional  Proposition  No.  117,  being 
a  proposition  relating  to  Political  Nominations,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Privileges 
and  Elections. 

Mr.  Haskell  introduced  Constitutional  Proposition  No.  118,  being 
a  proposition  relating  to  Convict  Labor,  which  was  read  in  full,  read 
a  second  time  by  title  and  referred  to  the  Committee  on  Preamble  and 
Bill    of    Rights. 

Mr.  Haskell  introduced  Constitutional  Proposition  No.  119,  being 
a  proposition  relating  to  the  Status  of  Trusts  and  Monopolies,  which 
was  read  in  full,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee   on    General    Provisions. 

Mr.  Haskell  introduced  Constitutional  Proposition  No.  12  0,  being 
a  proposition  relating  to  Bonds,  which  was  read  in  full,  read  a  second 
time  by   title   and    referred   to   the   Committee   on    General    Provisions. 

Mr.  Haskell  introduced  Constitutional  Proposition  No.  121,  being 
a    proposition    providing    for    Municipal    Ownership    of    Public    Utilities, 


76  JOURNAL  OF  CONSTITUTIONAL 

which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee    on    Municipal    Corporations. 

Mr.  Haskell  introduced  Constitutional  Proposition  No.  122,  being 
a  proposition  on  Governing  and  Protection  of  Corporations,  which  was 
read  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on   Private  Corporations. 

Mr.  Haskell  introduced  Constitutional  Proposition  No.  123,  being 
a  proposition  relating  to  Corruption  in  Office,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Railroads 
and    Public    Service    Corporations. 

Mr.  Haskell  introduced  Constitutional  Proposition  No.  124,  being 
a  proposition  relating  to  Crimes  and  Punishment,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Crimes    and    Punishment. 

Mr.  Haskell  introduced  Constitutional  Proposition  No.  12  5,  being 
a  proposition  Limiting  the  Operation  of  Railroad  Corporations,  which 
was  read  in  full,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee on  Railroads  and  Public  Service  Corporations. 

Mr.  Helton  introduced  Constitutional  Proposition  No.  126,  being  a 
proposition  Reserving  the  Rights  of  the  People,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Preamble 
and  Bill  of  Rights. 

Mr.  Helton  introduced  Constitutional  Proposition  No.  127,  being 
a  proposition  relating  to  Suffrage,  which  was  read  in  full,  read  a  sec- 
ond time  by  title  and   referred  to  the  Committee  on  Suffrage. 

Mr.  James  introduced  Constitutional  Proposition  No.  128,  being 
a  proposition  relating  to  the  Sale  of  the  Indemnity  and  Other  State 
Lands,  which  was  read  in  full,  read  a  second  time  by  title  and  referred 
to   the   Committee   on    State   and    School    Lands. 

Mr.  Kane  introduced  Constitutional  Proposition  No.  12  9,  being  a 
proposition  to  Protect  Trade  and  Commerce  Against  Unlawful 
Restraints  and  Monopolies,  which  was  read  in  full,  read  a  second  time 
and  referred  to  the  Committee  on  Crimes  and  Punishment. 

Mr.  King  introduced  Constitutional  Proposition  No.  130,  being  a 
proposition  providing  for  the  Listing  of  Corporation  Property,  and  the  Tak- 
ing and  Preservation  of  the  Evidence  Thereof,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Railroads  and 
Public  Service  Corporations. 

Mr.  King  introduced  Constitutional  Proposition  No.  131.  being  a 
proposition  Guaranteeing  the  Secrecy  of  the  Ballot,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Suffrage. 

Mr.  Leahy  introduced  Constitutional  Proposition  No.  132,  being 
a   proposition   upon   Employment   of   Convict   Labor,   which   was   read   in 


CONVENTION  OF  OKLAHOMA.  77 

full,    read    a    second    time    by    title,    and    referred    to    the    Committee    on 
Labor  and  Arbitration. 

Mr.  Leahy  introduced  Constitutional  Proposition  No.  133,  being  a 
proposition  on  State  Industries,  which  was  read  in  lull,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Public  Institutions  and 
State    Buildings. 

Mr.  Leahy  introduced  Constitutional  Proposition  No.  134,  being  a 
proposition  on  the  Initiative  and  Referendum,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Legisla- 
tive Department. 

Mr.  Littlejohn  introduced  Constitutional  Proposition  No.  135,  being 
a  proposition  on  the  Disposition  of  the  State  School  Funds,  which  was 
read  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on  Public  Institutions  and  State  Buildings. 

Mr.  Littlejohn  introduced  Constitutional  Proposition  No.  136,  being 
a  proposition  on  the  Militia  Being  Subordinate  to  the  Civil  Authorities, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee  on   Preamble   and   Bill   of   Rights. 

Mr.  Littlejohn  introduced  Constitutional  Proposition  No.  137,  being 
a  proposition  providing  that  Persons  Shall  Not  Be  Outlawed,  which  was 
read  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on   Preamble  and   Bill   of   Rights. 

Mr.  Majors  introduced  Constitutional  Proposition  No.  138,  being 
a  proposition  for  the  Division  of  Counties,  Changing  the  County  Lines 
and  Location  of  County  Seats,  which  was  read  in  full,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Counties  and  County 
Boundaries. 

Mr.  Hopkins  asked  leave  to  be  absent  from  the  sittings  of  the  Con- 
vention December  5th,  6th,  and  7th,  to  attend  the  meeting  of  the 
National  Good  Roads  Convention  to  be  held  at  Muskogee,  which  was 
granted. 

The  Convention  then  took  recess  until   2   p.   m. 

Afteinoon    Session,    December    4th,    1906 — 2    P.    31. 

Convention   met  pursuant  to  recess       Roll  call  was  omitted. 

Mr.  Ellis  introduced  Constitutional  Proposition  No.  139,  being  a 
proposition  Defining  the  Power  of  the  Legislative  Assembly  to  Exempt 
from  Jury  Duty,  Certain  Persons,  which  was  read  in  full,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Legislative  Depart- 
ment. 

Mr.  Parker  introduced  Constitutional  Proposition  No.  140,  being  a 
proposition  on  Corporations  and  Their  Regulation,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Private  Corporations. 


78  JOURNAL  OP  CONSTITUTIONAL 

Mr.  Quarles  introduced  Constitutional  Proposition  No.  141,  being 
a  proposition  on  Education  of  the  Deaf,  Dumb  and  Blind  of  the  State, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee  on  Public  Institutions  and  State  Buildings. 

Mr.  Quarles  introduced  Constitutional  Proposition  No.  142,  being 
a  proposition  on  Convicts  and  Convict  Labor,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Labor  and 
Arbitration. 

Mr.  Quarles  introduced  Constitutional  Proposition  No.  14  3,  being 
a  proposition  on  Capital  Punishment,  whicTi  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Crimes  and 
Punishment. 

Mr.  Ramsey  introduced  Constitutional  Proposition  No.  144,  being 
a  proposition  pertaining  to  the  Veto  Power  of  the  Governor,  which  was 
read  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on    Executive    Department. 

Mr.  Ramsey  introduced  Constitutional  Proposition  No.  145,  being 
a  proposition  Requiring  Railroads  to  Establish  Depots,  which  was  read 
in  full,  read  a  second  "time  by  title  and  referred  to  the  Committee  on 
Railroads  and   Public  Service  Corporations. 

Mr.  Sandlin  introduced  Constitutional  Proposition  No.  146,  being 
a  proposition  for  the  Sale  of  School  Lands,  which  was  read  in  full,  read 
a  second  time  by  title  and  referred  to  the  Committee  on  State  and 
School  Lands. 

Mr.  Sandlin  introduced  Constitutional  Proposition  No.  147,  being 
a  proposition  for  Separate  Schools  for  White  and  Colored  Children, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee  on  Education. 

Mr.  Savage  introduced  Constitutional  Proposition  No.  148,  being 
a  proposition  on  Immigration  and  Labor,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Labor  and  Arbi- 
tration. 

Mr.  Swarts  introduced  Constitutional  Proposition  No.  149,  being  a 
proposition  Relating  to  Homesteads,  Personal  Property  and  Exemptions, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee   on    Homesteads   and    Exemptions. 

Mr.  Swarts  introduced,  by  request,  Constitutional  Proposition  No. 
150,  being  a  proposition  relating  to  Railroads  and  Corporation  Commis- 
sions, which  was  read  in  full,  read  a  second  time  by  title  and  referred 
to  the  Committee  on  Railroads  and  Public  Service  Corporations. 

Mr.  Tracy  introduced  Constitutional  Proposition  No.  151,  being 
a  proposition  relating  to  Manual  Labor  by  Jail  Prisoners,  which  was 
read  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on    Labor   and   Arbitration. 


CONVENTION  OP  OKLAHOMA.  79 

Mr.  Trac.y  introduced  Constitutional  Proposition  No.  152,  being 
a  proposition  relating  to  Grand  Juries,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Judiciary  and 
Judicial    Departments. 

Mr.  Tracy  introduced  Constitutional  Proposition  No.  153,  being 
a  proposition  relating  to  Verdicts  in  Civil  Cases,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Judiciary   and   Judicial   Department. 

Mr.  Tracy  introduced  Constitutional  Proposition  No.  154,  being 
a  proposition  on  Restricting  Indebtedness  of  Municipal  and  Subdivi- 
sions of  the  State,  which  was  read  in  full,  read  a  second  time  by  title 
and  referred  to  the  Committee  on  Municipal  Corporations. 

Mr.  Tucker  introduced  Constitutional  Proposition  No.  15  5,  being 
H  proposition  providing  a  State  Capitol,  which  was  read  in  full,  read 
a  second  time  by  title  and  referred  to  the  Committee  on  Public  Build- 
ings. 

Mr.  Williams  of  9  7,  introduced  Constitutional  Proposition  No.  15  0, 
being  a  proposition  to  Prevent  Gambling  and  Speculating  in  Products 
of  Farm  or  of  Labor,  which  was  read  in  full,  read  a  second  time  by 
title   and    referred   to    the   Committee   on    General    Provisions. 

Mr.  Wyatt  introduced  Constitutional  Proposition  No.  157,  being  a 
proposition  on  Impeachment,  which  was  read  in  full,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Executive  Depart- 
ments. 

Mr.  Murray  introduced  Constitutional  Proposition  No.  15  8,  being 
a  proposition  to  install  the  Torrens  Land  System,  which  was  read  in 
in  full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Legislative   Department. 

Mr.  Murray  introduced  Constitutional  Proposition  No.  159,  being 
a  proposition  to  provide  for  the  Teaching  of  Agriculture,  which  was 
read  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on    Education. 

Mr.  Murray  introduced  Constitutional  Proposition  No.  160,  being 
a  proposition  relating  to  Verdicts,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Judiciary  and 
Judicial    Departments. 

Mr.  Murray  introduced  Constitutional  Proposition  No.  161,  being 
a  proposition  for  the  Protection  of  the  Defendant  in  Criminal  Trials, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  ths 
Committee   on    Preamble   and    Bill   of   Rights. 

Mr.  Henshaw  moved  to  reconsider  the  action  of  the  Convention 
regarding  the  writing  of  the  Journal.      Same  was  laid  over  one  day. 


80  JOURNAL  OF  CONSTITUTIONAL 

Ou  motion  the  Convention  proceeded  to  the  special  order  of  the 
day,  same  being  the  Contest  of  Election,  case  of  Harrell  and  Harris. 

Mr.   Haskell  offered  the  following  resolution: 

Resolved,  That  this  Convention  has  jurisdiction  to  hear  and  de- 
termine the  election  and  qualification  of  its  members  and  that  thi.5 
Contest  be  re-referred  to  the  Committee  in  Charge,  to  hear  and  de- 
termine   the    case    on    its    merits. 

The  'aour  for  adjournment  having  arrived,  Mr.  Hayes  moved  that 
the  question  under  discussion  be  made  a  special  order  for  tomorrow's 
session.      The   Convention   adjourned  until   10    a.   m.,    December   5,    1906. 

Morning    Session,    December    5,     1906 — 10     A.     M. 

Convention    met   pursuant   to    adjournment. 

Roll  being  called  all  members  present  except  Mr.  Turner,  who 
was  absent  on  account  of  sickness,  and  Messrs.  Harrison  of  4  5,  and 
Hogg,  who  had  been  excused  from  attending  the  day's  session. 

On  motion  of  Mr.  King,  the  further  reading  of  the  Journal  was 
dispensed  with.  The  President  then  made  the  following  appointments, 
which   on   motion   were   confirmed: 

Orville  T.   Smith,  Official   Stenographer  and   Reporter. 

Jap   E.   Peddicord,    Cloak   Room    Attendant. 

Mr.  Pittman  moved  to  abolish  one  of  the  places  of  Cloak  Room 
Attendant,   and   to  create   the  office  of    Assistant   Reading   Clerk. 

Mr.  Baker  moved  to  amend  by  abolishing  two  places  of  Cloak  Room 
Attendants. 

The  vote  recurring  on  the  amendment,  it  was  decided  in  the 
affirmative.  The  question  being  to  abolish  two  places  of  Cloak  Room 
Attendants  and  to  create  the  office  of  'Assistant  Reading  Clerk,  it  was 
decided  in  the  affirmative. 

The  President  appointed  as  Assistant  Reading  Clerk,  N.  A.  Gordon 
whose  appointment,  on   motion  of  Mr.   Johnston,   was  confirmed. 

Mr.     James    and    Mr.    Latimer    were    excused    from    attending    thta 
sittings   of    the    Convention    of    December    5th,    6th   and    7th,    to    attend 
the  meeting  of  the  National  Good  Roads  Association  at  Muskogee. 
The  Convention   then   adjourned   until    2    p.    m. 

Afteruoon     Session,    December    5,     1906 — i2    P.    M. 

Convention  met   pursuant  to  adjournment.      Roll   call   was  omitted 
The  Special  Order  being  the  question  of  the  authority  of  the  Con- 
vention   to    determine    the    election    and    qualification    of    its    members, 
further  consideration   was   had. 

Mr.  McCance  moved  the  previous  question,  the  question  being. 
Shall  the  main  question  be  now  put?  which  was  decided  in  the 
affirmative. 


CONVENTION  OF  OKLAHOMA.  81 

The  question  recurring  upon  the  adoption  of  the  resolution,  the 
yeas   and   nays   were   demanded   and   the   vote   resulted    as    follows: 

Yeas:  Messrs.  Akers,  Banks,  Berry,  BOan-d,  Bowers,  Brewer,  Bry- 
ant, Buchanan,  Carney,  Carr,  Caudill,  Chambers,  Covey,  Curl,  Bearing, 
Edley,  Ellis,  Gardner,  Graham,  Hanraty,  Harned,  Harrison  of  8  8,  Has- 
kell, Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Humphrey, 
Hunt,  James,  Jenkins,  Johnston,  Jones,  Kane,  King,  Lasater,  Leahy, 
Leeper,  Ledbetter,  Littlejohn,  McCance,  Mathis,  Maxey,  Messenger, 
Mitch,  Moore,  Nelson,  Newell,  Parker,  Pittman,  Quarles,  Rice,  Roberts, 
Rogers,  Rose,  Sandlin,  Savage,  Stowe,  Swarts,  Tosh,  Turner,  Williams, 
of  97,  Williams  of  108,  Wills,  Wood  of  89,  Wyly;   total,  68. 

Nays:  Asp,  Baker,  Bilby,  Cain,  Cloud,  Cobb,  Cochran,  Dalton. 
Frye,  Harris,  Houston,  Hudson,  Kelly,  Kornegay,  Langley,  Lee,  Liedtke, 
Littleton,  McClain,  Majors,  Norton,  Ramsey,  Sater,  Sorrels,  Tenor, 
Tucker,   Williams   of    3,   Wyatt,   Murray;    total,    29. 

Mr.  Baker  voted  "No,"  and  in  explanation,  stated:  Mr.  President: 
I  vote  with  reference  to  the  matter  under  consideration,  and  not  alone 
upon  the  abstract  proposition,  whether  this  Convention  has  jurisdic- 
tion to  hear  and  determine  a  contest.  In  this  case,  so  far  as  I  am 
informed,  no  Jurisdictional  facts  appear  at  all.  The  charges,  if  any 
made  by  the  contestant,  have  never  been  read  and  as  the  burden  is 
on  him  to  show  Jurisdictional  facts  as  well  as  the  right  to  relief 
sought    and    nothing    whatever    appearing,    I    therefore    vote    "no." 

Mr.  Lasater  said  in  explanation:  Mr.  President:  Upon  the  ab- 
stract question  as  to  whether  this  convention  has  jurisdiction  to  de- 
tei-mine  the   qualification  of  its   members,   I   vote   "yes." 

Mr.  Haskell  introduced  Constitutional  Proposition  No.  162,  being 
a  proposition  relating  to  Race  Distinction,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  General 
Provisions. 

Mr.  McClain  introduced  Constitutional  Proposition  No.  163,  being 
a  proposition  relating  to  Insurance,  which  was  read  in  full,  read  a 
second   time   by   title   and   referred   to   the   Committee   on   Insurance. 

Mr.  Murray  introduced  Constitutional  Proposition  No.  164,  being 
a  proposition  to  Effectuate  the  Election  of  the  United  States  Senators 
by  Direct  Vote  of  the  People,  which  was  read  in  full,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Legislative  Department. 
Mr.  Asp  introduced  Constitutional  Proposition  No.  165,  being  a 
proposition  relating  to  Railroad  and  Warehouse  Commissions,  which 
was  read  in  full,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee   on    Railroads    and    Public    Service    Corporations. 

Mr.  Baker  introduced  Constitutional  Proposition  No.  166,  being 
a  proposition  Prohibiting  Cities  and  Towns,  Counties,  Townships  and 
All   Political   Subdivisions   from   Voting   Money   to   Any    Individual,    Com- 


82  JOURNAL  OF  CONSTITUTIONAL 

pany  or  Association,  and  Preventing  Tliem  from  Becoming  Joint 
Owners  or  Stockholders  in  Any  Company,  Association  or  Corporation^ 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee   on    Municipal    Corporations. 

Mr.  Baker  introduced  Constitutional  Proposition  No.  167,  being 
a  proposition  Forbidding  State  Aid  to  Individuals,  Companies,  Corpor- 
ations or  Associations,  which  was  read  in  full,  read  a  second  time  by 
title  and  referred  to  the  Committee  on  General  Provisions. 

Mr.  Berry  introduced  Constitutional  Proposition  No.  168,  being 
a  proposition  relating  to  the  School  Lands  of  Oklahoma,  which  was 
read  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on   State   and   School   Lands. 

Mr.  Buchanan  introduced  Constitutional  Proposition  No.  169. 
being  a  proposition  relating  to  Weights  and  Measures,  which  was  read 
in  full,  read  a  swond  time  by  title  and  referred  to  the  Committee  on 
General   Provisions. 

Mr.  Carney  introduced  Constitutional  Proposition  No  170,  being 
a  proposition  reln.ting  to  Alien  Ownership  of  Lands,  which  was  read 
in  full,  read  a  se'^ond  time  by  title  and  referred  to  the  Committee  on 
General    Provisiops. 

Mr.  Carney  fntroduced  Constitutional  Proposition  No.  171,  being 
a  proposition  relating  to  Inheritance  Tax,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Revenue 
and    Taxation. 

Mr.  Carr  introduced  Constitutional  Proposition  No.  172,  being  a 
proposition  relating  to  Homesteads  and  Exemptions,  which  was  read  fn 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Homesteads   and   Exemptions. 

Mr.  Dalton  introduced  Constitutional  Proposition  No.  17  3,  being 
a  proposition  on  Pardoning  Criminals,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Crimes  and 
Punishment. 

Mr.  Dalton  introduced  Constitutional  Proposition  No.  174,  being 
a  proposition  on  Requisition  on  Other  States  for  Criminals,  which  was 
read  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on   Crimes   and   Punishment. 

Mr.  Ellis  introduced  Constitutional  Proposition  No.  175,  being 
a  proposition  Forbidding  Any  Public  Official  to  Receive  or  Travel  Upon 
or  Use  Free  Transportation,  which  was  read  in  full,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Railroads  and  Public 
Service    Corporations. 

Mr.  Ellis  introduced  Constitutional  Proposition  No.  176,  being  a 
proposition  Defining  the  Powers  of  the  Legislative  Assembly  to  Author- 
ize  the    Issuance    of   Bonds    for    Indebtedness,    which   was    read    in    full, 


CONVENTION  OF  OKLAHOMA.  83 

read   a  second   time   by   title   and    referred   to   the   Committee   on   Legis- 
lative Department. 

Mr.  Hayes  introduced  Constitutional  Proposition  No.  177,  being 
a  .proposition  relating  to  Liability  of  Common  Carriers,  which  was 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Railroads 
and    Public    Service    Corporations. 

Mr.  Henshaw  introduced  Constitutional  Proposition  No.  17  8,  being 
a  -proposition  on  Preamble,  which  was  read  in  full,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Preamble  and  Bill  of 
Rights. 

Mr.  Henshaw  introduced  Constitutional  Proposition  No.  179,  being 
a  proposition  Defining  the  Rights  of  Corporations  to  Own  and  Occupy 
Real  Estate,  which  was  read  in  full,  read  a  second  time  by  title  and 
referred   to   the   Committee   on   Private   Corporations. 

Mr.  Henshaw  introduced  Constitutional  Proposition  No.  18  0,  being 
a  proposition  Requiring  Railroads  to  Maintain  Depots  and  Stop  Trains 
at  All  Incorporated  Towns,  which  was  read  in  full,  read  a  second  time 
by  title  and  referred  to  the  Committee  on  Railroads  and  Public  Service 
Corporations. 

Mr.  Kane  introduced  Constitutional  Proposition  No.  181,  being 
a  proposition  providing  for  a  Trial  by  Jury,  in  Civil  and  Criminal 
Cases,  which  was  read  in  full,  read  a  second  time  by  title  and  referred 
to  the  Committee  on   Judiciary  and   Judicial   Departments. 

Mr.  Kelly  introduced  Constitutional  Proposition  No.  18  2,  being 
a  proposition  relating  to  the  Sale  of  School  "Lands,  which  was  read  in 
full,  read  a  second  Lime  by  title  and  referred  to  the  Committee  on 
State   and   School   Lands. 

Mr.  Leahy  introduced  Constitutional  Proposition  No.  183,  being 
a  proposition  Constituting  the  Osage  Reservation  as  One  County  and 
Designating  the  County  Seat  Thereof,  which  was  read  in  full,  read  a 
?econd  time  by  title  and  referred  to  the  Committee  on  County  and 
County    Boundaries. 

Mr.  Leahy  introduced  Constitutional  Proposition  No.  184,  being 
a  proposition  on  Executive  Officers,  whicli  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Executive 
Departments. 

Mr.  Leahy  introduced  Constitutional  Proposition  No.  185,  being 
a  proposition  on  Public  Service,  which  was  read  in  full,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Railroads  and  Public 
Service   Corporations. 

Mr.  McCance  introduced  Constitutional  Proposition  No,  186,  bein;? 
a  proposition  relating  to  Amendments  to  the  Constitution,  which  was 
read  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on    General    Provisions. 


84  JOURNAT.  OF  CONSTITUTIONAL 

Mr.  McCance  introduced  Constitutional  Proposition  No.  187,  being 
a  proposition  relating  to  the  Revision  of  the  Constitution,  which  was 
read  in  full,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee on  General  Provisions. 

Mr.  Parker  introduced  Constitutional  Proposition  No.  188,  being 
a  proposition  for  Furnishing  Text  Books  to  Public  School  Students, 
which  was  read  in  full,  read  a  second  time  and  referred  to  the  Com- 
mittee  on   Education. 

Mr.  Parker  introduced  Constitutional  Proposition  No.  189,  being 
d  proposition  on  Efficient  System  of  Compulsory  Education,  which  was 
'■ead  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on    Education. 

Mr.  Pittman  introduced  Constitutional  Proposition  No.  190,  being 
a  proposition  for  Control  of  Convict  Labor,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Labor 
and   Arbitration. 

Mr.  Sater  introduced  Constitutional  Proposition  No.  191,  being 
a  proposition  on  Recall,  whicn  was  read  in  full,  read  a  second  time 
by   title   and   referred    to   the   Committee   on    Legislative   Department. 

Mr.  Sater  introduced  Constitutional  Proposition  No.  192,  being  a 
proposition  on  Method  of  Election  of  United  States  Senators,  which 
was  read  in  full,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee  on   Legislative   Departments. 

Mr.  Sorrells  introduced  Constitutional  Proposition  No.  19  3,  being 
a  proposition  on  Mines  and  Mining,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Mines  and 
Mining. 

Mr.  Weaver  introduced  Constitutional  Proposition  No.  194,  being 
a  proposition  Defining  the  Word  "White."  in  Reference  to  Race  Seg- 
regation, which  was  read  in  full,  read  a  second  time  by  title  and 
referred  to  the  Committee  on  General  Provisions. 

Mr.  Weaver  introduced  Constitutional  Proposition  No.  195,  being 
a  proposition  on  Revenue  and  Taxation,  which  was  read  in  full,  read 
a  second  time  by  title  and  referred  to  the  Committee  on  Revenue  and 
Taxation. 

Mr.  Williams  of  108,  introduced  Constitutional  Proposition  No. 
196,  being  a  proposition  on  Arbitration,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Labor  and 
Arbitration. 

Mr.  Wood  of  89,  presented  a  petition  from  the  citizens  of  the 
Choctaw  nation,  regarding  County  Boundaries,  which  was  referred  to 
the  Committee  on  Counties  and  County  Boundaries. 

Mr.  Williams,  the  Reading  Clerk,  was  excused  on  account  of  sick- 
ness from  the  sittings  of  the  Convention  for  the  rest  of  the  week. 


CONVENTION  OF  OKLAHOMA.  S5 

Mr.  Quarles  was  excused  unanimously  from  attending  the  sittings 
of  the  Convention  tor  the  rest  of  the  week. 

Mr.  Kornegay  asked  to  be  relieved  from  the  Committee  on  Con- 
tested   Elections,    which    was    granted. 

Messrs.  Langley  and  Houston  asked  to  be  relieved  from  the  Com- 
mittee   on    Contested    Elections,    which    was    granted. 

Communications  from  the  following  named  persons  were  received, 
expressing  their  regrets  at  not  being  able  to  attend  and  address  the 
Convention:      President  Roosevelt,   Joseph  A.    Gill,   Henry  Watterson. 

A  communication  was  received  from  Judge  W.  H.  H.  Clayton, 
accepting  the  invitation  to  attend  and  address  the  Convention,  at  the 
earliest   date   convenient. 

Mr.  Kornegay,  Chairman  of  the  Committee  on  Invitations,  submit- 
ted  the  following  reports: 

Your  Committee,  W.  H.  Kornegay,  W.  J.  Caudill  and  E.  F.  Mes- 
senger, appointed  to  notify  the  President  and  the  Territorial  Officers 
of  Oklahoma  and  the  Judges  of  the  United  States  Courts  in  Oklahoma 
and  Indian  Territory,  and  the  Commissioner  to  the  Five  Civilized 
Tribes,  of  the  convening  of  this  body,  and  inviting  them  to  attend  its 
sessions,  beg  leave  to  report  that  they  have  performed  their  duties  by 
addressing  a  letter  to  each  of  the  parties,  notifying  him  of  the  action 
of  the  Convention  and  by  mailing  same  to  his  address.  The  Com- 
mittee asks  to  be  discharged,  this  December   5,    1906   . 

W.    H.    KORNEGAY, 
W.    J.    CAUDILL, 
E.    F.    MESSENGER. 
Mr.    Pittman    moved    to    adopt    the    report. 

Mr.  'Hayes  moved, » as  a  substitute  for  the  pending  motion,  that 
the  report  of  the  committee  be  received  and  the  committee  continued 
with  instructions  to  extend  the  Invitations  heretofore  offered  by  the 
Convention,  to  the  Governors,  Chiefs,  Ex-Governors  and  Ex-Chiefs  of 
the   Five   Civilized   Tribes    and    of    the   Osage    Nation. 

The  vote  recurring  on  the  amendment,  it  was  decided  in  the  affirm- 
ative.    The  motion  as  amended  was  adopted. 

Mr.  Johnston  made  the  following  motion,  which  was  adopted: 
Mr.  President:  I  respectfully  move  that  in  lieu  of  the  compen- 
sation heretofore  fixed  by  this  Convention  for  the  Enrolling  and  En- 
grossing Clerk,  at  $4.00  per  day,  that  the  amount  be  fixed  at  the 
sum  of  five  dollars  per  day  as  allowed  by  Act  of  Congress  for  the 
Enrolling  and  Engrossing  Clerk  to  the  I'espective  houses  of  the  Terri- 
torial Legislature,  and  Chief  Clerk  at  six  dollars  in  lieu  of  all  allow- 
ance heretofore  made.  That  the  compensation  of  the  Chaplain  be 
changed   to   be   and   to    read    four   dollars. 


86  JOURNAL  OF  CONSTITUTIONAL 

Religious  Liberty  Petitions  were  introduced  by  Messrs.  Bowers, 
Baker,   Berry,   Ledbetter   and   McCance. 

Mr.  Sater  introduced,  by  request,  a  memorial  from  the  young 
[jeople  of  Payne  County,  petitioning  for  Uniform  Prohibition  Over  the 
Whole   State,   which   was   referred   to   the    Committee   on    Liquor   Traffic. 

Mr.  Asp,  chairman  of  the  committee  to  ascertain  the  expense  of 
this  Convention,  submitted  a  report,  which  on  motion  of  Mr.  Haskell, 
was  laid  over  until   the  following   day. 

Miss  Kate   Barnard   addressed  the   Convention   on    Child   Labor,   etc. 

A  vote  of  thanks,   at  the  conclusion  of   her  remarks,   was  tendered 

her. 

On  motion  of  Mr.  Asp,  the  report  of  the  Committee  on  the  Revi- 
sion of  the  Minutes  of  the  first  day's  session  was  made  a  special  order 
for    10   o'clock,   December    6,    1906. 

On  motion  of  Mr.  Pittman,  the  Convention  adjourned  until  ten 
o'clock  a.   m.,  Dec.    6.   1906. 

Morning   Session,   Thursday,   Decembor  6,    1906 — 10  A.   M. 

Convention   met   pursuant   to   adjournment. 

The  roll  was  called  and  all  members  present  except  Messrs.  Hogg, 
Harrison  of  45,  and  Turner,  who  were  absent  on  account  of  sickness, 
and  Fisher,  Helton,  James,  Hopkins,  Quarles  and  Latimer,  who  had 
been   excused  by   the   Convention. 

On  motion  of  Mr.  Rose,  the  reading  of  the  Journal  was  dispensed 
with. 

The  President  was  authorized  to  dismiss  King  Hutchinson,  janitor, 
which   was    done. 

There  being  vacancies  in  the  Committee  on  Election  Contests,  the 
President  appointed  Messrs.  Pittman,  Tucker  and  Kelly  to  fill  such 
vacancies. 

The  Special  Order  being  the  report  of  the  Committee  on  the  Revision 
of  the  first  day's  Journal,  it  was  considered  and  the  report  of  the  com- 
mittee was  amended  and  approved. 

Mr.  Asp  asked  to  be  excused  from  the  day's  sessions,  which  was 
granted. 

Mr.  Weaver  introduced  a  resolution  relating  to  the  report  of  the 
Special  Committee  on  Coal,  Oil  and  Gas,  which  was  laid  over  for  one 
day. 

Mr.  Swarts  introduced  a  resolution  proposing  Amendments  to  the 
Rules,  which  upon  motion  of  Mr.  Baker,  was  referred  to  the  Committee 
on   Rules  and  Procedure. 

On  motion  of  Mr.  WMlliams  of  3,  the  Sergeant-at-Arms  was  in- 
structed to  secure  good   drinking  water  for   the  use  of  the  Convention. 


CONVENTION  OF  OKLAHOMA.  87 

Mr.  Rose  moved  to  suspend  the  rules  and  have  the  Constitutional 
Piopositions    read   by   title   only,    which   was   adopted. 

Mr.  Parker  introduced  Constitutional  Proposition  No.  197,  being 
a  proposition  Requiring  Life  and  Fire  Insurance  Companies  to  Keep 
or  Invest  Within  the  State  Seventy-Five  Per  Centum  of  Any  Proceeds 
or  Premiums,  which  was  read  second  time  by  title  and  referred  to  the 
Committee   on   Insurance. 

Mr.  Mitch  introduced  Constitutional  Proposition  No.  198,  being 
a  proposition  providing  for  Release  of  Real  Estate  Mortgages,  which 
was  read  second  time  by  title  and  referred  to  the  Committee  on  Gen- 
eral   Provisions. 

Mr.  Messenger  introduced  Constitutional  Proposition  No.  200,  being 
a  proposition  on  Laws  to  Take  Effect  When,  which  was  read  second 
time   by    title   and    referred   to    the   Committee   on    General    Provisions. 

Mr.  Littlejohn  introduced  Constitutional  Proposition  No.  201. 
being  a  proposition  Prohibiting  Corporations  Contributing  to  Campaign 
Funds,  which  was  read  second  time  by  title  and  referred  to  the  Com- 
mittee  on    Private   Corporations. 

Mr.  Ledbetter  introduced  Constitutional  Proposition  No.  202,  being 
a  proposition  Requiring  All  Insurance  Companies  to  Invest  a  Part  of 
Their  Surplus  Funds  in  Property  or  Securities  Within  the  State,  which 
was  read  by  title  and  I'eferred  to  the  Committee  on  -Insurance. 

Mr.  Lee  introduced  Constitutional  Proposition  No.  203,  being  a 
proposition  relating  to  Legislative  Authority  to  Divide  the  State  Into 
Legislative  Districts,  which  was  read  by  title  and  referred  to  the 
Committee   on    Legislative   Apportionment. 

Mr.  Lee  introduced  Constitutional  Proposition  No.  20  4,  being  a 
proposition  relating  to  Legislative  Authority  to  Sell  School  Lands, 
which  was  read  by  title  and  referred  to  the  Committee  on  State  and 
School    Lands. 

Mr.  Kane  introduced  Constitutional  Pi'oposition  No.  205,  being  a 
proposition  providing  That  No  Person  Shall  Be  Compelled  in  Any 
Criminal  Prosecution  to  Be  a  Witness  Against  Himself,  which  was 
read  by  title  and  referred  to  the  Committee  on  Preamble  and  Bill  of 
Rights. 

Mr.  Hanraty  introduced  Constitutional  Pi'oposition  No.  206,  being 
a  proposition  When  a  Judge  is  Disqualified  to  Act,  which  was  read  by 
title  and  referred  to  the  Committee  on  Judiciary  and  Judicial  Depart- 
ment. 

Mr.  Hanraty  introduced  Constitutional  Proposition  No.  207,  being 
a  proposition  to  Prevent  Government  by  Injunction,  which  was  read, 
read  the  second  time  by  title  and  referred  to  the  Committee  on  Judi- 
ciary  and    Judicial    Department. 

Mr.   Hanraty    introduced   Constitutional   Proposition   No.    208,   being 


88  .,uUKNAL  OF  CONSTITLTTIONAL 

a  proposition  relating  to  x>uties  in  Locating  Railway  Lines,  which  was 
read,  read  the  second  time  by  title  and  referred  to  the  Committee  on 
Railroads    and    Public    Service    Corporations. 

Mr.  Ellis  introduced  Constitutional  Proposition  No.  209,  being  a 
proposition  to  Prohibit  the  Enactment  of  Any  Law  Authorizing  Lot^ 
teries  or  Gift  Enterprises  or  Pugilistic  Encounters,  which  was  read  by 
title   and    referred    to   the    Committee    on    Preamble   and    Bill    of   Righta. 

Mr.  Dalton  introduced  Constitutional  Proposition  No.  210,  being  a 
proposition  relating  to  Local  or  Special  Laws,  which  was  read  by  title 
and   referred  to  the  Committee  on   Legislative  Department. 

Mr.  Covey  introduced  Constitutional  Proposition  No.  211,  being  a 
proposition  on  Labor  and  Arbitration,  which  was  read  by  title  and 
referred  to  the  Committee  on  Labor  and  Arbitration. 

Mr.  Bowers  introduced  Constitutional  Proposition  No.  212,  being  a 
proposition  on  the  Sale  of  School  Lands,  which  was  read,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  the  State  and 
School   Lands. 

Mr.  Board  introduced  Constitutional  Proposition  No.  213,  being  a 
proposition  relating  to  Corporation  Practices,  which  was  read,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Municipal  Cor- 
porationa. 

Mr.  Board  introduced  Constitutional  Proposition  No.  214,  being  a 
proposition  on  Election  of  All  State  Officers,  which  was  read  by  title 
and   referred   to   the   Committee  on   Privileges   and   Elections. 

Mr.  King,  Vice-Chairman  of  the  Committee  on  Rules  and  Procedure, 
reported    as    follows: 

Mr.    President:      We,   your   Committee   on   Rules   and   Procedure,   to 

whom    was    referred    Resolution    No.    ,   by    Mr.    Herring,    to    amend 

Rule    30,    presented   December    3rd,    1906,    having   had   the   same   under 
consideration,  beg  leave  to  report  that  we  recommend  that  the  same  be 

not    adoptea. 

J.    F.    KING,    Vice-chairman. 

A  motion  was  made  to  adopt  the  report;  the  yeas  and  nays  being 
demanded,    the    vote    resulted    as    follows: 

Yeas;  Akers,  Berry,  Bilby,  Board,  Bowers,  Brewer,  Bryant, 
Buchanan,  Cain,  Carney,  Carr,  Chambers,  Cochran,  Cobb,  Copeland, 
Covey,  Curl,  Dalton,  Edley,  Graham,  Hanraty,  Harned,  Harris,  Har- 
rison of  88,  Haskell,  Hayes,  Hendricks,  Houston,  Hughes,  Humphrey, 
Hunt,  .Johnston,  Jones,  Kane,  Kelly.  King,  Kornegay,  Langley,  Lasater, 
Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  McCance,  McLain, 
Major,  Messenger,  Mitch,  Moore,  Nelson,  Norton,  Parker,  Pittman, 
Ramsey,  Rice,  Roberts,  Rose,  Sandlin,  Safer,  Savage,  Sorrells,  Stowe, 
Swarts,  Tosh,  Tenor,  Tracy,  Tucker,  Weaver,  Williams  of  3,  Williams 
of  97,  Williams  of  108,  Wood  of  89,  Wyatt,  Murray.     Total,   77. 


CONVENTION  OF  OKLAHOMA.  89 

Nays:  Baker,  Banks,  Cloud,  Dearing,  Edmondson,  Ellis,  Frye, 
Gardner,  Herring,  Hudson,  Jenkins,  Littleton,  McClure,  Mathis,  Maxey, 
Wyly.     Total,  16. 

The  President  announced   that  the  motion   had  prevailed. 

The  Convention   adjourned   until    2    p.   m. 

Afternoon  Session,   Thursday,   December  ($,    J90() — 2  J*.   M. 

The    Convention    met    pursuant    to    adjournment. 

Mr.  Edley,  Chairman  of  the  Committee  on  Invitation,  reported  as 
foliows: 

Mr.  President:  We,  your  Committee  on  Invitation  to  Governor 
J.  C.  W.  Beckham  and  Hon.  Henry  Watterson,  of  Kentucky,  to  visit 
and  address  this  Convention  during  its  session,  beg  leave  to  report 
that  we  respectfully  invited  the  said  honorable  gentlemen  and  have 
received  responses  stating  that  it  would  not  be  convenient  for  them  to 
accept  said  invitation.  We  respectfully  submit  this  as  our  report, 
move  its  acceptance  and  beg  leave  to  be  discharged. 

W.  J.  CAUDILL, 
WM.  H.  EDLEY, 
GEO.    W.    WOOD. 

On   motion  the  report  was   received   and   the   committee   discharged. 

On  motion  of  Mr.  Henshaw,  the  resolution  of  yesterdav  asking  for 
the  reconsideration  of  the  action  of  the  Convention  in  regard  to  writint, 
of  the  Journal,  was  taken  up  and  considered.  The  vote  recurring  on 
the  motion  of  Mr.  King  to  amend,   it  was  decided  in  the  negative. 

The  question  being  on  the  motion  to  adopt  the  report  of  the  Com- 
mittee on  Revision.  Compilation,  Style  and  Arrangement,  it  was  decidea 
in  the   affirmative. 

On  motion  of  Mr.  Chambers,  the  Convention  adjourned  until  10 
o'clock    a.    m.,    Friday,    December    7,    1906. 

Morning    Session,    Friday,    December    7,    1906 — 10    A.    M. 

Convention   met    pui'suant   to    adjournment. 

Roll  called,  all  members  present,  except  Messrs.  Hogg,  Harrison 
of  45,  and  Turner,  who  were  absent  on  account  of  sickness,  and  Messrs. 
Helton,  Fisher,  James,  Hopkins,  Hausam,  Quarles  and  Latimer,  all  of 
whom  were  excused  by  the  Convention. 

On  motion  of  Mr.  King,  the  reading  of  the  Journal  was  dispensed 
with. 

Mr.  Leahy  was  excused  irom  attending  the  sittings  of  the  Con- 
vention until  Monday  next. 

Mr.  Graham  was  excused  from  attending  the  sitting  of  the  Con- 
vention  until   Wednesday   of   next  week. 

On  motion  of  Mr.  Haskell,  the  following  resolution  was  adopted: 


90  JOURNAL  OF  CONSTITUTIONAL. 

Resolved,  That  the  Committee  on  Convention  Printing  be  instruct- 
ed to  obtain  bids  for  all  printing,  and  report  the  said  bids  to  the  Con- 
vention before  incurring  any  obligations  on  account  thereof. 

Mr.  Kornegay  introduced  the  following  resolution,  which  was  laid 
over  for  one  day: 

Resolved,  That  the  Committee  on  Convention  Printing  submit  all  bids 
ror  Convention  Printing  to  the  disbursing  officer,  C.  H.  Filson,  and  procure 
rrom  him  recommendation  thereon  before  any  contracts  are  enterea 
into   for   such   printing. 

Mr.  McClain  introduced  the  following  resolution,  which  was 
adopted. 

Resolved,  That  each  Delegate-  immediately  advise  the  Clerk  of  his 
place  of  abode  in  this  city.  •  If  located  at  a  hotel,  the  name  of  the 
note],  or  if  at  a  boarding  house  or  private  residence,  then  the  name 
of  the  street  and  the  number  thereof  and  that  the  Clerk  furnish  each 
Delegate  with   a  printed   list   of  same. 

Mr.  Hughes  introduced  the  following  resolution,  which  was  lam 
over   for  one   day: 

Be  it  resolved,  That  the  Committee  on  Rules  be,  and  said  Cohi- 
mittee  is  hereby  requested  to  report  the  following  rule  at  the  next 
regular  session  of  the  Convention.  Before  any  meeting  of  any  com- 
mittee shall  be  held,  notice  of  the  time  and  place  of  said  meeting  shall 
be  posted  by  the  chairman  of  said  committee  upon  one  of  the  black- 
boards, at  the  session  last  held  prior  to  said  meeting.  All  said  notices 
shall  show  the  date  of  same. 

Mr.  Hughes  introduced  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Rules  and  Procedure: 

Be  it  resolved.  That  the  Committee  on  Rules  be  and  the  said 
committee  is  hereby  requested  to  report  the  following  rule,  at  thp 
next  regular  meeting  of  this  Convention:  Until  it  is  further  ordered, 
there  shall  be  no  afternoon  sessions  of  this  Convention  and  at  each 
forenoon  session,  upon  reaching  the  order  of  business,  providing  for 
the  introduction  of  provisions  for  incorporation  in  the  Constitution, 
the  roll  call  be  taken  up  at  the  point  where  it  shall  have  been  aban- 
doned  upon   the   adjournment   of   the  next  preceding   session. 

Mr.  Curl  introduced  a  petition  relating  to  Prohibition  and  Liquor 
Traffic,   which  was  referred  to  the  Committee  on   Liquor  Traffic. 

Mr.  Rose  moved  to  suspend  the  rules  and  read  the  Constitutional 
Propositions    by    title    only. 

The  vote  being  taken   it  was   decided   in   the   negative. 

Mr.  Asp  introduced  Constitutional  Proposition  No.  215,  being  a 
proposition  relating  to  Trusts,  which  was  read  in  full,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Judiciary  and  Judicial 
Department. 


CONVENTION  OF  OKLAHOMA.  91 

Mr.  Asp  introduced  Constitutional  Proposition  No.  216,  being  a 
proposition  relating  to  the  Department  of  Government,  which  was. 
read  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on   Legislative   Department. 

Mr.  Asp  introduced  Constitutional  Proposition  No.  217,  being  a 
proposition  relating  to  Legislative  Department,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Legislative  Department. 

Mr.  Haskell  introduced  Constitutional  Proposition  No.  2 IS,  being 
a  proposition  relating  to  a  Judicial  System  tor  the  State  of  Oklahoma, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to 
the   Committee   on    Judiciary    and    Judicial    Department. 

Mr.  Haskell  introduced  Constitutional  Proposition  No.  219,  being 
a  proposition  relating  to  Trusts,  which  was  read  in  full,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Judiciary  and  Judicial 
Department.  ' 

Mr.  Tracy  introduced  Constitutional  Proposition  No.  2  20,  being 
a  proposition  relating  to  Amendment  and  Revisions,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Legislative    Department. 

Mr.  Tracy  introduced  Constitutional  Proposition  No.  2  21,  being  a 
proposition  relating  to  Public  Officers,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Salaries  and 
Compensation  of  Public  Officers. 

Mr.  Tracy  introduced  Constitutional  Proposition  No.  2  2  2,  being  a 
proposition  relating  to  Defects  and  Omissions  in  the  Laws,  which  was 
read  in  full,  read  a  second  time  by  title  and  re*"erred  to  the  Committee 
on   General    Provisions. 

Mr.    Hughes    introduced    Constitutional    Proposition    No.    2  23,    being 
a   proposition   Prohibiting  Perpetual   Franchise,   which   was   read   in    full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Municipal  - 
Corporations. 

Mr.  Hughes  introduced  Constitutional  Proposition  No.  224,  being 
a  proposition  Restricting  the  Exercise  of  Delegated  Power  in  Granting 
Franchises  and  Preserving  in  the  People  the  Right  to  Grant  Franchise 
by  Direct  Vote,  which  was  read  in  full,  read  a  second  time  by  title 
and    referred    to   the   Committee   on   Municipal    Corporations. 

Mr.  Hughes  introduced  Constitutional  Proposition  No.  22o,  being 
a  proposition  for  a  State  Commissioner  of  Charities  and  Correction, 
which' was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee    on    General  "Provisions. 

Mr.  Caudill  introduced  Constitutional  Proposition  No.  22  6,  being 
a    proposition    relating    to    Lotteries,    which    was    read    in    full,    read    a 


92  JOURNAL  OF  CONSTITUTIONAL 

second  time  by  title  and  referred  to  the  Committee  on  Preamble  and 
-Bill  of  Rights. 

Mr.  Savage  introduced  Constitutional  Proposition  No.  2  2  7,  being 
a  proposition  relating  to  Trading  of  Votes,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Privileges 
and    Elections. 

Mr.  Savage  introduced  Constitutional  Proposition  No.  228,  being 
a  proposition  relating  to  Board  of  Pardons,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Judicial 
Department. 

Mr.  Wyatt  introduced  Constitutional  Proposition  No.  229,  bein":g 
a  proposition  to  Tax  Peddlers,  etc.,  which  was  read  in  full,  read  a 
second  time  by  title-  and  referred  to  the  Committee  on  Revenue  and 
Taxation. 

Mr.  Wyatt  introduced  Constitutional  Proposition  No.  2  30,  being 
a  proposition  relating  to  Industrial  Schools,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Educa- 
tion. 

Mr.  Caudill  introduced  Constitutional  Proposition  No.  2  31,  being 
a  proposition  relating  to  Counties,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Counties  and 
County  Boundaries. 

Mr.  Leeper  introduced  Constitutional  Proposition  No.  232,  being 
a  proposition  relating  to  Municipal  Ownership,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Municipal 
Corporations. 

Mr.  Caudill  introduced  Constitutional  Proposition  No.  2  33,  being 
a  proposition  relating  to  the  Rights  of  Women,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
General    Provisions. 

Mr.  Rose  introduced  Constitutional  Proposition  No.  234,  being 
a  proposition  Prohibiting  the  Transporting  of  Persons  out  of  the 
State  in  Certain  Cases,  which  was  read  in  full,  read  a  second  time  by 
title  and  referred  to  the  Committee  on  Preamble  and  Bill  of  Rights. 

Mr.  Rose  introduced  Constitutional  Proposition  No.  235,  being  a 
l)roposition  relating  to  Freedom  of  Speech  and  Press,  which  was  read 
in  full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Preamble  and  Bill  of  Rights. 

Mr.  Rose  introduced  Constitutional  Proposition  No.  236,  being  a 
proposition  Prohibiting  Black-listing  of  Employes,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
General  Provisions. 

Mr.  Rose  introduced  Constitutional  Proposition  No.  237, being  a 
proposition    Providing   for   Jury   Trials   in   Injunction    Cases     for    Certain 


CONVENTION  OF  OKLAHOMA.  93 

Purposes,   which     was     read     in     full,    read   a  second    time   by    title     and 
referred  to  the  Committee  on   Preamble  and  Bill  of  Rights. 

Mr.  Rose  introduced  Constitutional  Proposition  No.  238,  being  a 
proposition  relating  to  the  Making  of  Districts  for  the  Purpose  of 
Representation,  which  was  read  in  full,  read  a  second  time  by  title  and 
referred  to  the  Committee  on  General  Provisions. 

Mr.  Alderson  introduced  Constitutional  Proposition  No.  239,  being 
.a  proposition  concerning  Change  from  Territorial  to  State  Government, 
which  was  read  in  full,  read  the  second  time  by  title  and  referred  to 
the  Committee  on  General  Provisions. 

Mr.  McClain  introduced  Constitutional  Proposition  No.  240,  being  a 
proposition  relating  to  Agricultural  Commissioner,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Agriculture. 

Mr.  Hunt  introduced  Constitutional  Proposition  No.  241,  being  a 
proposition  relating  to  Primaries,  which  was  read  in  full,  read  a  second 
time   by   title  and   referred   to  the  Committee   on   Primary   Elections. 

Mr.  Carney  introduced  Constitutional  Proposition  No.  242,  being 
A  proposition  relating  to  Eminent  Domain,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Judiciary 
and    Judicial    Department. 

Mr.  Carney  introduced  Constitutional  Proposition  No.  243,  being  a 
proposition  relating  to  kidnaping,  which  was  read  in  full,  read  second 
time  by  title  and  referred  to  the  Committee  on  Preamble  and  Bill  of 
Rights,  (1st  paragraph),  and  Judiciary  and  Judicial  Department,  (2nd 
paragraph). 

Mr.  Safer  introduced  Constitutional  Proposition  No.  244,  being 
a  proposition  referring  to  Sale  of  School  Lands  to  Vote  of  the  People 
at  the  Coming  Election,  which  was  read  in  full,  read  a  second  time 
by  title  and   referred   to   the  Committee   on   State   and   School    Lands. 

Mr.  Cobb  introduced  Constitutional  Proposition  No.  245,  being 
a  proposition  providing  for  a  Civil  Engineer  for  Public  Highways, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to 
the  Committee  on   County   and   Township   Organization. 

Mr.  Cobb  introduced  Constitutional  Proposition  No.  246,  being  a 
proposition  relating  to  the  Terms  of  State  and  County  OflBcers,  which 
was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee   on    County   and    Township    Organization. 

Mr.  Ramsey  introduced  Constitutional  Proposition  No.  247,  being 
a  proposition  Preventing  Dual  Office  in  the  State  of  Oklahoma,  which 
was  read  in  full,  read  a  second  time  by  title  and  referred  to  the  Com- 
mitee   on    General    Provisions. 

Mr.    Dalton    introduced    Constitutional    Proposition    No.    24S,    being 


94  JOURNAL  OF  CONSTITUTIONAL 

a  proposition  relating  to  Sliipping  and  Caring  for  Dead  Human  Bodies, 
wliicti  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee   on   HealttL   and   Sanitation. 

At  the  noon  hour,  the  Convention   adjourned   until    2   o'clock  p.   m. 

Afternoon    Session,    Friday,    December    7,    1906 — 2    P.    M. 

Convention   met   pursuant   to   adjournment. 

Roll  called;  all  members  present,  except  Messrs.  Graham,  Hogg, 
Hopkins,  James,  Helton,  Turner,  Quarles,  Leahy,  Harrison  of  45,  all 
of  whom  were  excused  by  the  Convention:  Brewer,  Hanraty  Harned, 
Hendricks,  Hughes,  Hunt,  Kane,  Leeper,  Ledbetter,  Nelson,  Rogers, 
Savage   and   Wood   of   8. 

Mr.  Kornegay,  Chairman  of  the  Committee  on  Ordinances,  made 
the  following  report,  which  on  motion,  was  laid  over  to  December  S, 
1906,    and    ordered    printed: 

Mr.    President:      Your  Committee  on  Ordinances,   to   whom   was   re- 
ferred a  proposed  ordinance,   providing  for  the  acceptance  of  the  terms 
of  the  Enabling  Act,   beg  leave   to  submit  their  report  with  the  recom- 
mendation  that   it   be   passed   in    the   following   form: 
An    Ordinance    Accepting    the    Terms    and    Conditions    of    the    Enabling 

Act. 

Be  it  ordained.  By  the  Constitutional  Convention  of  the  proposed 
State  of  Oklahoma,  that  said  Constitutional  Convention  do  by  ordinance 
irrevocable  accept  the  terms  and  conditions  of  an  Act  of  the  Congress 
of  the  United   States,   approved   June   16,    1906,   entitled: 

"An  Act  to  enable  the  people  of  Oklahoma  and  of  the  Indian 
Territory  to  form  a  Constitution  and  State  Government  and  be  admitted 
into  the  Union  on  an  equal  footing  with  the  original  states  and  to 
enable  the  people  of  New  Mexico  and  of  Ai'izona  to  form  a  Constitu- 
tion and  State  Government  and  be  admitted  into  the  Union  on  an 
equal  footing  with  the  original  states,"  commonly  known  as  the 
Enabling    Act. 

W.    H.   KORNEGAY,    Chairman. 

Mr.  Hopkins'  leave  of  absence  was  extended  until  Monday,  Dec. 
10,    1906. 

Messrs.  McClain  and  Humphrey  were  granted  leaves  of  absence 
until    Monday,    December    10,    1906. 

Mr.  Asp  was  granted  leave  of  absence  until  the  afternoon  session 
of  Saturday,   December  8,   1906. 

Mr.  Murray,  usher,  was  granted  leave  of  absence  until  Monday, 
December    10,     1906. 

The  report  of  IMr.  Asp,  Chairman  of  the  Committee  on  the  Expense 
of   the   Convention,    was   made   a   special    order   of    December    8,    1906. 

A   communication    was   received    from   Mr.    Pinchot,    Chief   Forester 


CONVENTION  OF  OKLATTOMA.  Of, 

of  the  United  States  Department  of  Agriculture,  advising  tlie  Conven- 
tion of  his  inability  to  be  present  and  offering  to  substitute  his  assist- 
ant, Mr.  Clothier,  which  on  motion  of  Mr.  Ellis,  was  accepted,  and  it 
was  ordered  that  Mr.  Clothier  be  given  a  hearing  immediately  after 
roll   call,   Saturday,   December    8,    1906. 

A  communication  was  read  from  the  National  Surety  Compan.> , 
New  York  City,  which  upon  motion  of  Mr.  Haskell,  was  referred  to 
the  Committee  on  Banks  and  Banking,  Loan,  Trust  and  Guaranty 
Companies. 

Mr.  Mitch  introduced  Constitutional  Proposition  No.  249,  being 
a  proposition  relating  to  Divorce,  which  was  read  in  full,  read  a  second 
time  by  title  and  referred  to  the  Committee  on   General   Provisions. 

Mr.  Covey  introduced  Constitutional  Proposition  No.  250,  being 
a  proposition  relating  to  Settlement  of  Damages  by  Railroads,  which 
was  read  in  full,  read  the  second  time  by  title  and  referred  to  tho 
Committee    on    Railroads    and    Public    Service    Corporations. 

Mr.  Littlejohn  introduced  Constitutional  Proposition  No.  251,  being 
a  proposition  Creating  a  Department  of  Agriculture,  which  was  read 
in  full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Agriculture 

Mr.  Jenkins  introduced  Constitutional  Proposition  No.  252,  by 
request,  being  a  proposition  providing  for  the  Distribution  of  Powers, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee  on  Legislative  Department. 

Mr.  Buchanan  introduced  Constitutional  Proposition  No.  253, 
being  a  proposition  relating  to  Preamble  and  Bill  of  Rights,  which 
was  read  in  full,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee on   Preamble  and   Bill  of  Rights. 

Mr.  Baker  introduced  Constitutional  Proposition  No.  254,  being  a 
proposition  Prescribing  the  Qualifications  of  an  Elector  in  the  State 
of  Oklahoma,  which  was  read  in  full,  read  a  second  time  by  title  and 
referred    to   the    Committee    on    Suffrage. 

Mr.  Lee  introduced  Constitutional  Proposition  No.  255,  being  a 
proposition  to  Purchase  State  Farms  and  Working  the  Convicts  There- 
on, which  was  read  in  full,  read  a  second  time  by  title  and  referred 
to   the  Committee  on   General   Provisions. 

On  motion  the  Convention  adjourned  until  10  o'clock  a.  m.,  De- 
cember   8,    1906. 

Morning    Session,    December   8,    1900 — 10   A.    M. 

Convention   met   pursuant   to   adjournment. 

Roll  called;  all  members  present  except  Messrs.  Asp,  Graham, 
Kausam,  Hogg,  Hopkins  and  Hughes,  all  of  whom  were  excused  by 
the  Convention;   and  Messrs.  Board,  Hendricks  and  Humphrey. 


96  JOURNAL  OF  CONSTITUTIONAL 

C.  C.  Worrall  presented  his  resignation  as  Chief  Committee  Clerk 
and  offered  his  services  as  Committee  Clerk  for  the  Committee  on  Leg- 
islative Apportionment,  without  remuneration,  which  on  motion  of  Mr. 
Hayes,    was    accepted. 

The  President  appointed  J.  E.  Peddicord  Chief  Committee  Clerk, 
which   upon    motion    of   Mr.    Ellis,    was    confirmed. 

Mr.  George  Lemon  Clothier,  Assistant  Forest  Inspector  for  the 
United  States  Department  of  Agriculture,  and  Professor  of  Forestry  of 
ihe  Mississippi  Agricultural  and  Mechanical  College,  addressed  the  Con- 
vention on  the  subject  of  "The  Preservation  of  the  Forest,"  after  whjch 
a  vote  of  thanks   was   tendered   him. 

Mr.  King  offered  the  following  resolution,  which  was  adopted: 

Whereas,  The  printed  Journal  of  the  Convention  of  each  day's  pro- 
ceedings  is  being   laid   upon   the   desk   of   the   members. 

Be  it  resolved.  That  the  further  reading  of  the  minutes  be  dis- 
pensed with  each  day  until  further  ordered;  provided,  that  any  mem- 
ber may  under  the  first  order  of  business,  move  the  correction  of  the 
Journal    of   any    preceding    day. 

Mr.  Wood  of  89,  Introduced,  by  request,  a  petition  praying  that 
the  Canadian  River  be  made  the  county  line  for  certain  counties,  which 
was  referred  to  the  Committee  on   Counties  and  County   Boundaries. 

Mr.  Parker,  on  behalf  of  the  committee  appointed  to  secure  portraits  of 
the  ex-Chiefs  of  the  Five  Civilized  Tribes  and  the  Osage  Nation,  reported 
that  he  had  secured  the  portrait  of  J.  F.  McCurtain,  ex-Chief  of  the 
Choctaws,  which  had  previously  been  placed  upon  the  walls  of  the 
Convention  Hall,  and  on  motion  of  Mr.  Caudill,  the  report  was  adopted. 

The  resolution  introduced  by  Mr.  Williams  of  3,  December  4th,  was 
taken   from   the   table    and    considered. 

Mr.  Haskell  moved  to  amend  by  including  Honorable  F.  D.  Coburn; 
of  Topeka,  Kans.,  and  Hon.  Chas.  Barrett,  of  Atwater,  Ga. 

The  vote  recurring  on  the  amendment,  it  was  decided  in  the  affirm- 
ative. 

The  motion  as  amended  was  adopted  and  Messrs.  Williams  of  3, 
Williams  of  97,  and  Ellis,  were  appointed  a  co.mmittee  to  invite  the 
gentlemen  named. 

On  motion  of  Mr.  Rose,  his  motion  relating  to  the  Amendment  of 
the  Rules,  introduced  December  4,  was  referred  to  the  Committee  on 
Rules  and  Procedure. 

Mr.  Hendricks  was  excused  from  the  sittings  of  the  Convention, 
until  Monday,  December   10,    1906. 

On  motion  of  Mr.  Kornegay,  the  report  of  the  Committee  on 
Ordinances  was  referred  to  the  Committee  of  the  Whole. 

Mr.  Latimer  introduced  Constitutional  Proposition  No.  2  56,  being 
a   proposition    Prohibiting   Common   Carriers   from   Confiscating   Commer- 


CONVENTION  OF  OKLAHOMA.  97 

cial  Coal,  which  was  read  in  full,  read  a  second  time  by  title  and  refer- 
red to  the  Committee  on  Railroads  and  Public  Service  Corporations. 

Mr.  Sater  introduced  Constitutional  Proposition  No.  257,  being  a 
proposition  relating  to  Bill  of  Rights,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Preamble  and 
Bill    of    Rights. 

Mr.  Hayes  introduced  Constitutional  Proposition  No.  25  8,  being  a 
proposition  relating  to  the  Marriage  of  Persons  of  African  Descent, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee   on   General    Provisions. 

Mr.  Moore  introduced  Constitutional  Proposition  No.  2 GO,  being  a 
proposition  relating  to  the  Construction  of  the  Constitution  as  to  the 
Rights  Retained  by  the  People,  which  was  read  in  full,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Preamble  and  Bill  of 
Rights. 

Mr.  Moore  introduced  Constitutional  Proposition  No.  261,  being  a 
proposition  Limiting  Bonds,  Script  and  Other  Negotiable  Evidences  of 
Corporate  Indebtedness  by  Private  Corporations,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Private    Corporations. 

Mr.  Littlejohn  introduced  Constitutional  Proposition  No.  262,  being 
a  proposition  relating  to  Liquor  Traffic  and  Prohibition,  which  was  read 
in  full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Liquor  Traffic. 

Mr.  Chambers  introduced  Constitutional  Proposition  No.  2  63,  being 
a  proposition  relating  to  Working  County  Convicts  on  Public  Roads, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee  on  General  Provisions. 

Mr.  Lee  introduced  Constitutional  Proposition  No.  2  64,  being  a 
proposition  to  provide  for  Old  Age  and  Indigent  State  Asylum  in  Lieu 
of  County  Poor  Houses,  which  was  read  in  full,  read  a  second  time  by 
title  and  referred  to  the  Committee  on  Public  Institutions  and  State 
Buildings. 

Mr.  King  introduced  Constitutional  Proposition  No.  265,  being  a 
proposition  Limiting  the  Amount  of  Land  to  Be  Held,  which  was  read 
in  full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
General    Provisions. 

Mr.  King  introduced  Constitutional  Proposition  No.  266,  being  a 
proposition  Prohibiting  Corporations  from  Owning,  Leasing  or  Dealing 
in  Lands,  which  was  read  in  full,  read  a  second  time  by  title  and  re- 
ferred to  the  Committee  on  General   Provisions. 

Mr.  Parker  introduced  Constitutional  Proposition  No.  267,  being 
a   proposition   relating   to   County   Boundaries,    which    was    read    in    full, 


9S  JOURNAL  OF  CONSTITUTIONAL 

read  a  second  time  by  title  and  referred  to  the  Committee  on  County 
Boundaries. 

Mr.  Ellis  introduced  Constitutional  Proposition  No.  268,  being  a 
proposition  Reserving  to  the  State  the  Right  to  Change,  Alter,  Amend 
or  Abrogate  any  Charge,  Franchise,  or  Articles  of  Incorporation,  which 
was  read  in  full,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee on  Private  Corporations. 

Mr.  Bryant  introduced  Constitutional  Proposition  No.  269,  being 
a  proposition  relating  to  Rural  Schools,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Education. 

Mr.  Bryant  introduced  Constitutional  Proposition  No.  270,  being  a 
proposition  relating  to  Shows,  Circuses,  etc.,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Revenue 
and    Taxation. 

Mr.  Kane  introduced  Constitutional  Proposition  No.  271,  being  a 
proposition  to  Exempt  the  Funds  of  Fraternal  Beneficiaries  Societies 
from  Taxation,  which  was  read  in  full,  read  a  second  time  by  title  and 
referred  to  the  Committee  on  Revenue  and  Taxation. 

Mr.  Murray  introduced  Constitutional  Proposition  No.  2  72,  being 
a  proposition  to  exempt  Murrow  and  Whitaker  Orphans'  Homes  from 
Taxation,  which  was  read  in  full,  read  a  second  time  by  title  and 
referred  to  the  Committee  on  Revenue  and  Taxation. 

Mr.  Curl  introduced  Constitutional  Proposition  No.  27  3,  being  a 
proposition  to  Limit  Issuing  Stocks  and  Bonds  of  Corporations,  which 
was  read  in  full,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee on  Private  Corporations. 

Mr.  Curl  introduced  Constitutional  Proposition  No.  274,  being  a 
proposition  providing  that  no  Public  Lands  Set  Aside  by  Congress  be 
Sold  for  Twenty  Years,  which  was  read  in  full,  read  a  second  time  by 
title  and  referred  to  the  Committee  on  State  and  School  Lands. 

Mr.  Wyly  introduced  Constitutional  Proposition  No.  275,  being  a 
proposition  relating  to  Public  Buildings,  which  was  read  in  full,  read 
a  second  time  by  title  and  referred  to  the  Committee  on  Public  Institu- 
tions  and  State  Buildings. 

Mr.  Wyly  introduced  Constitutional  Proposition  No.  276,  being  a 
proposition  relating  to  Taxation  of  Railroads,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Revenue 
and    Taxation. 

Mr.  Dalton  introduced  Constitutional  Proposition  No.  277,  being  a 
proposition  relating  to  Religious  Freedom  of  Speech  and  Press,  which 
was  read  in  full,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee on   Preamble  and  Bill  of  Rights. 

Mr.    Weaver    introduced    Constitutional    Proposition    No.    278,    being 


CONVENTION  OF  OKLAHOMA.  99 

a  proposition  Forbidding  Railroads  and  Other  Public  Service  Corpora- 
tions to  Acquire  a  Greater  Interest  in  Realty  Than  An  Basement 
Thereon,  which  was  read  in  full,  read  a  second  time  by  title  and  refer- 
red to  the  Committee  on  Railroads  and  Public  Service  Corporations. 

Mr.  Swarts  introduced  Constitutional  Proposition  No.  279,  being 
a  proposition  Pertaining  to  Descent  and  Distribution,  which  was  read 
in  full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Geaeral   Provisions. 

On  motion  of  Mr.  Hayes,  the  Convention  adjourned  until  10  o'clock 
a.  m.,  Monday,  December  10,   1906. 

Morning  Session,  Monday,   December  10,    1906 — 10  A.   M. 

Convention   met   pursuant   to   adjournment. 

Roll  being  called,  all  members  were  present  except  Messrs.  Harri- 
son, Hogg,  Hendricks  and  Quarles,  all  of  whom  were  excused  by  the 
Convention;    Harned,    Helton    and   Hughes. 

Mr.  Liedtke  introduced,  by  request,  a  petition,  No.  54,  being  a 
Petition  of  Residents  of  the  Twelfth  Recording  District,  Residing  South 
of  the  South  Canadian  River,  asking  that  said  river  be  not  made  a 
county  line,  which  was  referred  to  the  Committee  on  Counties  and 
County  Boundaries. 

Mr.  Liedtke  introduced,  by  request,  petitions  Nos.  55,  56  and  57, 
being  Petitions  of  Residents  of  Bower,  Indianola  and  Canadian,  I.  T., 
respectively,  asking  that  the  South  Canadian  river  be  not  made  a  county 
line  in  their  respective  sections,  which  was  referred  to  the  Committee 
on  Counties  and  County  Boundaries. 

Mr.  Nelson  introduced,  by  request,  petition  No.  58,  being  a  Petition 
of  the  Preachers'  Association  of  Tulsa,  1.  T..  which  was  referred  to  the 
Committee   on   Liquor   Traffic. 

Mr.  Murray  introduced,  by  request,  resolution  No.  5  9,  being  a 
Resolution  for  the  Amendment  of  the  Constitution  of  the  United 
States. 

Mr.  Chambers  introduced  Constitutional  Proposition  No.  2  80,  being 
a  proposition  relating  to  Forestry  and  Preservation  of  Forests,  which 
was  read  in  full,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee on   General   Provisions. 

Mr.  Williams  of  108,  introduced  Constitutional  Proposiuon  No.  281, 
being  a  proposition  prescribing  the  Rate  of  Railway  Passenger  Fares, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee  on  Railroads  and  Public  Service  Corporations. 

Mr.  Williams  of  108,  introduced  Constitutional  Proposition  No.  282, 
being  a  proposition  relating  to  Eligibility  to  Election  or  Appointment  of 
the  Governor  to  Other  Offices,  which  was  read  in  full,  read  a  second 
time  by  title  and   referred  to  the  Committee  on  Executive  Department. 


100  JOURNAL  OF  CONSTITUTIONAL 

Mr.  Williams  of  108,  introduced  Constitutional  Proposition  No. 
2  83,  being  a  proposition  relating  to  the  Right  to  Exercise  Eminent 
Domain  by  Foreign  Corporations,  which  was  read  in  full,  read  a  sec- 
ond time  by  title  and  referred  to  the  Committee  on  Railroads  and  Public 
Service  Corporations. 

Mr.  Williams  of  108,  introduced  Constitutional  Proposition  No. 
284,  being  a  proposition  relating  to  Right  of  Common  Carriers  to  Own 
Real  Estate  and  Engage  in  Business,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Railroads  and 
Public   Service   Corporations. 

Mr.  Maxey  introduced  Constitutional  Proposition  No.  2  85,  being  a 
proposition  relating  to  a  Civil  Service  Commission,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
General    Provisions. 

Mr.  Murray  introduced  Constitutional  Proposition  No.  287,  being 
a  proposition  relative  to  Descent  and  Distribution,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
General  Provisions. 

Mr.  McCance  introduced  Constitutional  Proposition  No.  2  8  8,  being 
a  proposition  Authorizing  the  Legislature  to  Make  Appropriation  Per- 
petuating the  History  of  Oklahoma,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  General  Pro- 
visions. 

Mr.  McCance  introduced  Constitutional  Proposition  No.  289,  being 
a  proposition  relating  to  the  Practice  of  Medicine,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Public  Health  and  Sanitation. 

Mr.  Wood  of  89,  introduced  Constitutional  Proposition  No.  298, 
being  a  proposition  relating  to  Municipal  Corporations  for  Specific  Pur- 
poses and  General  Benefits,  which  was  read  in  full,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  General  Provisions. 

Mr.  Tracy  introduced  Constitutional  Proposition  No.  2  99,  being  a 
proposition  relating  to  Local  Option,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Tracy  introduced  Constitutional  Proposition  No.  300,  being  a 
proposition  Defining  Rights  of  Married  Women,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  General 
Provisions. 

Mr.  Caudill  introduced  Constitutional  Proposition  No.  301,  being  a 
|)roposition  for  the  State  to  Provide  Through  Laws  Governing  the  Com- 
mon School  a  Department  to  Be  Known  as  the  Mechanical  Department 
or  Manual  Training  Department  in  Public  Schools,  which  was  read  in 
full,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Education. 


CONVENTION   OF   OKLAHOMA.  101 

Mr.  Hanraty  introduced  Constitutional  Proposition  No.  302,  being 
a  proposition  Pertaining  to  Hours  of  Labor  on  Public  Work,  which  was 
read  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on   Labor   and    Arbitration. 

Mr.  Hanraty  introduced  Constitutional  Projjosition  No.  303,  being 
a  proposition  relating  to  Immigration  and  Labor,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Labor  and 
Arbitration. 

Mr.  Hanraty  introduced  Constitutional  Proposition  No.  304,  being 
a  proposition  for  a  Fellow  Servant  Law,  which  was  read  in  full,  read 
a  second  time  by  title  and  referred  to  the  Committee  on  Railroads  and 
Public    Service   Corporations. 

Mr.  Hanraty  introduced  Constitutional  Proposition  No.  305,  being 
a  proposition  relating  to  the  Rights  of  Labor,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Labor  and 
Arbitration. 

Mr.  Covey  introduced  Constitutional  Proposition  No.  306,  being  a 
proposition  relating  to  Agriculture,  which  was  read  in  full,  read  a 
second   time   by   title   and    referred    to    the    Committee   on    Agriculture. 

Mr.  Cain  introduced  Constitutional  Proposition  No.  307,  being  a 
proposition  relating  to  the  Legal  Rate  of  Interest  for  the  State  cf 
Oklahoma,  which  was  read  in  full,  read  a  second  time  by  title  and  re- 
ferred to  the  Comrnittee  on  Banks,  Banking,  Loan,  Trust  and  Guaranty 
Companies. 

Mr.  Tracy  introduced  Constitutional  Proposition  No.  3 OS,  being  a 
proposition  relating  to  Occupation  Tax,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Revenue  and 
Taxation. 

Mr.    Rose,    Chairman    of    the    Committee    on    Preamble    and    Bill    of 
Rights,   made  the  following   report,   which  was  ordered    to   be  submitted 
to  the  Committee  of  the  Whole  and  printed: 
To  the  Honorable  William   H.   Murray,   President,   and   Clentlemen   of  the 

Convention; 

We  have  had  under  consideration  the  several  Constitutional  Pro- 
visions submitted  to  the  Convention,  and  also  those  submitted  directly  t> 
your  committee,  and  beg  to  submit  the  following  Preamble  and  recom- 
mend   its    adoption : 

rKi:A>iiJLE. 

We,  the  people  of  the  State  of  Oklahoma,  invoking  the  guidance  of 
the  Supreme  Ruler  of  the  Universe,  in  order  to  secure  and  perpetuate 
the  blessings  of  civil  and   religious  liberty;    to  secure  just  and   rightful 


102  JOURNAL    OF    CONSTITUTIONAL 

Government,    and    to    promote    our    mutual    welfare    and    happiness,    do 
ordain  and  establish  this  Constitution. 

Respectfully  submitted, 

D.    S.    ROSE,    Chairman. 

On  motion  of  Mr.  Asp,  the  motion  of  the  Committee  on  Convention 
Expenses  was  taken  from  the  table  and  considered. 

Mr.  Haskell  offered  the  following  resolution,  which  was  adopted: 

Resolved,  That  the  report  of  the  Special  Committee  on  Election  and 
Convention  Expenses  be  re-referred  to  said  committee  with  request  that  it 
report   in    detail: 

First — The  items  that  constitute  the  expenditure  of  $76,000.00  by 
the    Frantz-Bixby    Election    Board. 

Second — What  items  are  included  in  the  estimate  of  $40,000.00  for 
printing. 

Third — What  items  are  included  in  the  estimate  of  $79,000.00  for 
future  use  of  election  boards. 

Mr.  Haskell  submitted  as  an  exhibit  with  his  resolution,  a  proposi- 
tion from  the  New  State  Tribune  relative  to  the  Convention  Printing, 
which  upon  motion  of  Mr.  Kornegay,  was  referred  to  the  Committee  on 
Convention    Printing. 

On  motion  of  Mr.  Kornegay,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  the  consideration  of  the  report  of  the  Com- 
mittee on   Ordinances,   with   Mr.   Johnston   in  the  chair. 

After  deliberation,  the  Commitee  of  the  Whole  rose,  the  President 
resumed  the  chair  and  Mr.  Johnston  made  the  following  report: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  proposition  for  Ordinance  No.  1,  the  same  being 
entitled,  "A  Proposed  Ordinance  for  the  Acceptance  of  the  Terms  and 
Conditions  of  the  Enabling  Act,"  having  had  the  same  under  considera- 
tion, beg  leave  to  report  that  the  Committee  of  the  Whole  do  recom- 
mend that  the  same  be  adopted,  ordered  engrossed,  placed  upon  the 
third  reading  and  final  passage  as  amended  in  the  Committee  of  the 
Whole. 

HENRY    S.    JOHNSTON,    Chairman. 

On  motion  of  Mr.  Baker,  the  report  was  adopted. 

Mr.  Harris  was  excused  from  attending  the  day's  session,  Tuesday, 
December    11th. 

Mr.   Hopkins'  leave  of  absence  was  extended   indefinitely. 

On  motion  of  Mr.  Graham,  the  Convention  adjourned  until  10 
o'clock  a.   m.,   December   11th,   1906. 

Moi-nlng  Session,   Tuesday,   December   11,    19(><J — 10   A.   M. 

Convention   met   pursuant   to  adjournment. 


CONVENTION    OF    OKLAHOMA.  103 

Roll  called;  all  members  present,  except  Messrs.  Harrison  of  45, 
Hogg  and  Hopkins,  all  ol'  whom  were  excused,  anu  Mr.  Hughes. 

The  President  appointed  Ham  P.  Bee,  Official  Reporter,  which,  on 
motion  of  Mr.   Hayes,   was   confirmed. 

James  W.  Noble,  (colored)  was  appointed  Janitor,  and  on  motion 
of  Mr.  Littlejohn,  the  appointment  was  confirmed,  and  the  oath  of  office 
administered. 

Mr.    Bee   appeared   and   took    the   oath   of   office. 

Mr.  Cochran  introduced  Petition  No.  60,  being  a  petition  asking 
for  the  Organization  of  a  County,  which  was  referred  to  the  Committee 
on   Counties  and   County   Boundaries. 

Mr.  Hausam  introduced  the  following  resolution,  which  was 
adopted : 

Whereas,  -This  Convention  has  invited  Col.  W.  H.  Moore,  President 
of  the  National  Good  Roads  Association,  to  address  it  on  the  subject 
of  Good   Roads;    therefore,   be  it 

Resolved,  That  the  afternoon  of  December  18  be,  and  the  same  is 
hereby  designated  as  the  day  and  time  set  apart  by  this  Convention  to 
hear  Col.   Moore's  address. 

Mr.  King,  Vice-Chairman  of  the  Committee  on  Rules  and  Pro- 
cedure, reported  that  the  committee,  having  had  under  consideration 
Resolutions  Nos.  28,  30,  37  and. 41,  had  decided  adversely  thereon,  and 
recommended  that  sanie  do  not  pass,  and  recommended  that  Resolution 
No.  34  be  adopted  as  follows: 

Whereas,  The  principal  work  of  this  body  is  to  be  done  in  com- 
mittee;  therefore,  be  it 

Resolved,  That  the  Convention  hold  no  further  afternoon  sessions, 
unless  ordered  by  a  majority  of  the  votes  of  this  Convention. 

On  motion  of   Mr.   Hayes,  the   report  was  adopted. 

Mr.  King,  Vice-Chairman  of  the  Committee  on  Rules  and  Procedure, 
made  the  following  report,  which,  on  motion  of  Mr.  Ellis,  was  adopted: 

Mr.  President:  We,  your  Committee  on  Rules,  to  whom  was  re- 
ferred the  assignment  of  Committee  Clerks  to  rooms,  beg  leave  to  sub- 
mit that  we  have  had  under  consideration  the  matter  referred  to  us, 
and  thereupon  make  the  following  report  and  recommendations: 

That  room  No.  1  is  assigned  to  C.  C.  Worrall,  for  Committee  No. 
4  only;  and  C.  F.  Barrett  for  Committees  Nos.  3,  5,  30  and  35;  and  to 
room  No.  2  is  hereby  assigned  E.  J.  Dick;  and  to  room  No.  3  is  hereby 
assigned  S.  F.  Boyden;  and  to  room  No.  4  is  hereby  assigned  Miss 
Josephine  Schott;  and  to  room  No.  5  is  hereby  assigned  G.  C.  Stark, 
for  Committee  No.  2G;  H.  P.  Stonum  for  Committee  No.  28;  and  D. 
Fuller  Gore  for  Committee  No.  11;  and  to  room  No.  6  is  hereby  assigned 
Joseph   E.    Johnston,    for  Committees   Nos.    32   and   33;    and  C.   T.   Byrd 


104  JOURNAL    OF    CONSTITUTIONAL 

for  Committees  Nos.  14,  16,  38  and  43;  and  to  room  No.  7  is  hereby 
assigned  J.  M.  Lynch;  and  to  room  No.  8  is  hereby  assigned  Clifford 
Caldwell.  All  of  which  is  respectfully  submitted,  with  the  recommenda- 
tion that  it  be  adopted  and  approved  by  the  Convention. 

J.    F.    KING,    Vice-chairman. 
On   motion   of   Mr.   Rose,   the  Convention   resolved   itself   into   Com- 
mittee of  the  Whole,   for  consideration  of  the  report  of  the   Committee 
on  Preamble  and  Bill  of  Rights,  with  Mr.  Johnston  in  the  chair. 

After  consideration  of  the  report  of  the  Committee  on  Preamble 
and  Bill  of  Rights,  the  Committee  of  the  Whole  arose,  the  President 
resumed  the  chair,  and  the  chairman,  Mr.  Johnston,  made  the  following 
report : 

Mr.  President:  We,  your  Committee  of  the  Whole,  to  whom  was 
referred  the  report  of  the  Committee  on  Preamble  and  Bill  of  Rights, 
beg  leave  to  report  progress,  and  ask  leave  to  sit  again. 

HENRY   S.    JOHNSTON,    Chairman. 
On   motion   the   report   was   adopted. 
The   President   read   the   following   communication: 

"Lincoln,    Neb.,    Dec.    7,    1906. 
"Hon.   W.   H.   Murray,   Guthrie,  Okla. 

"My  Dear  Mr.  Murray:  Your  favor  at  hand.  I  wish  you  to  pre- 
sent my  compliments  to  the  members  of  the  Constitutional  Convention 
and  say  to  them  that  while  I  appreciate  very  much  the  high  compli- 
ment which  they  pay  me  in  extending  an  invitation,  I  am  afraid  that  it 
will  be  impossible  for  me  to  come  owing  to  the  demands  upon  my  time. 
After  a  year's  absence,  I  neglected  accumulated  work  long  enough  to 
give  all  my  time  to  the  campaign  until  election,  and  since  then  I  have 
been  trying  to  catch  up.  I  will,  however,  send  you  in  a  few  days  some 
suggestions  in  regard  to  questions  which  may  come  before  the  body. 
I  can  prepare  these  suggestions  here,  whereas  it  would  require  not  less 
than  three,  and  probably  four  days  to  make  the  trip. 

"I  feel  very  anxious,  indeed,  that  your  Convention  shall  present  the 
best  Constitution  to  be  found  in  the  United  States.  Your  Convention 
ought  to  do  so  because  it  has  all  the  others  to  learn  from,  and  I  am 
sure  that  the  members  of  the  Convention  are  animated  by  the  desire  to 
do  the  best  possible  for  the  people. 

"Thanking  you  again  for  the  invitation  and  congratulating  you 
upon  the  deserved  honor  which  the  Convention  has  bestowed  upon  you, 
I   am, 

"Very   truly  yours, 

"W.    J.    BRYAN." 
A    communication    was    received    from    the    Corresponding    Secretary 
of   the   Woman's   Christian    Temperance    Union    of    Cleveland,    Oklahoma, 
which  was  referred  to  the  Committee  on  Liquor  Traffic. 


CONVENTION   OF   OKLAHOMA.  105 

Mr.  Savage  introduced  Constitutional  Proposition  No.  309,  being 
a  proposition  pertaining  to  Dealing  in  Futures,  which  was  read,  read 
a  second  time  by  title  and  referred  to  the  Committee  on  Manufactures 
and    Commerce. 

Mr.  Savage  introduced  Constitutional  Proposition  No.  310,  being 
a  proposition  relating  to  Practicing  Physicians,  which  was  read,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Public  Health 
and   Sanitation   and   the  Practice  of   Medicine   and   Pharmacy. 

Mr.  Herring  introduced  Constitutional  Proposition  No.  311,  being 
a  proposition  relating  to  Corporations,  which  was  read,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Private  Corporations. 

Mr.  Ellis  introduced  Constitutional  Proposition  No.  313,  being  a 
proposition  to  Forbid  Certain  Persons  from  Owning,  Controlling  or 
Operating  Mines,  Oil  Wells  or  Refineries,  which  was  read,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Mines  and  Mining 

Mr.  Ellis  introduced  Constitutional  Proposition  No.  314,  being  a 
proposition  Defining  the  Rights  of  the  State  to  Own  and  Control  Any 
Industry,  which  was  read,  read  a  second  time  by  title  and  referred  to 
the  Committee  on   Public  Institutions  and   State  Buildings. 

Mr.  Hausam  introduced  Constitutional  Proposition  No.  315,  being  a 
proposition  relating  to  Bill  of  Rights,  which  was  read,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Preamble  and  Bill  of 
Rights. 

Mr.  Mitch  introduced  Constitutional  Proposition  No.  316,  being  a 
proposition  Creating  the  Office  of  County  Auditor,  which  was  read,  read 
a  second  time  by  title  and  referred  to  the  Committee  on  County  and 
Township  Organization. 

Mr.  Mitch  introduced  Constitutional  Proposition  No.  317,  being  a 
proposition  for  the  Correction  and  Codification  of  the  Laws  of  Okla- 
homa, which  was  read,  read  a  second  time  by  title  and  referred  to  the 
Committee  on  Judiciary  and   Judicial   Department. 

On  motion  the  Convention  adjourned  until  December  12.  1906.  10 
o'clock  a.  m. 

Mornlnjj  Ses.sion,  Wednesday,  December  12,  1906 — 10  A.  M. 

Convention   met   pursuant  to   adjournment. 

Roll  being  called  all  members  were  present,  except  Messrs.  Hogg 
and  Harrisofi  of  45,  who  were  excused  on  account  of  sickness. 

Mr.  King  introduced  the  following  resolution,  which  was  referred 
to  the  Committee  on  Rules  and  Procedure: 

Whereas,  The  Convention  has  been  organized,  in  session  and  ready 
to  receive  proposed  Constitutional  Provisions  for  more  than  three  weeks, 
during  which  time  all  parties  have  had  ample  time  to  introduce  such 
propositions  as  they  saw  fit;    and, 


106  JOURNAL    OF    CONSTITUTIONAL 

Whereas,  It  is  necessary  that  the  committee  proceed  with  their 
allotted   work;    therefore,   be  it 

Resolved,  That  no  further  proposed  Constitutional  Provisions  be 
received  in  open  session  of  the  Convention,  until  further  ordered  by 
the  Convention,  and  that  all  such  propositions  be  presented  to  the  proper 
committee  or  committees. 

Mr.  Kornegay  introduced  Petition  No.  60,  being  a  Petition  of  the 
Citizens  of  Blue  Jacket,  Indian  Territory,  for  insertion  in  the  Constitu- 
tion, of  provisions  on  Railroads,  Child  Labor,  etc.,  which  was  referred 
to  the  Committee  on  Legislative  Department. 

Mr.  McCance  introduced  the  following  resolution,  which  was 
adopted: 

Believing  that  the  Delegates  in  this  Convention  are  deeply  inter- 
ested in  the  question  of  good  Government,  I  hereby  move  that  the 
President  be  instructed  to  appoint  a  committee  of  three  to  invite  Gov- 
ernor Joseph  W.  "Folk,  of  Missouri,  to  address  the  Convention  upon  the 
subject  of  Civic  Righteousness  and  Enforcement  of  Law. 

Mr.  Johnston  introduced  Resolution  No.  46,  being  a  resolution  for 
the  Enrollment  of  the  Constitution  of  the  State  of  Oklahoma,  which  was 
referred  to  the  Committee  on   Rules   and   Procedure. 

Mr.  Cobb  introduced  Resolution  No.  47,  being  a  resolution  relating 
to  the  Improvement  of  the  Arkansas  River,  which  was  referred  to  the 
Committee  on  Public  Works  and  Public  Debt. 

Mr.  Ellis  introduced  Constitutional  Proposition  No.  318,  being  a 
proposition  to  Exempt  from  Taxation  Personal  Property  to  the  Value  of 
Iwo  Hundred  Dollars,  which  was  read  in  full,  read  a  second  time  by 
title  and  referred  to  the  Committee  on   Homesteads  and  Exemptions. 

Mr.  Hayes  introduced  Constitutional  Proposition  No.  319,  being  a 
proposition  Declaring  Certain  Corporations  to  be  Common  Carriers, 
which  was  read  in  full,  read  a  second  time  by  title  and  referred  to  the 
Committee   on   Railroads   and   Public   Service   Corporations. 

Mr.  Hayes  introduced  Constitutional  Proposition  No.  320,  being  a 
proposition  Prescribing  the  Oath  of  Office,  which  was  read  in  full,  read 
a  second  time  by  title  and  referred  to  the  Committee  on  General  Pro- 
visions. 

Mr.  Savage  introduced  Constitutional  Proposition  No.  321,  being  a 
proposition  relating  to  Johnston  Grass,  which  was  read  in  full,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  General  Pro- 
visions. 

Mr.  Brewer  introduced  Constitutional  Proposition  No.  322,  being 
a  proposition  relating  to  the  State  University,  which  was  read  in  full, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Educa- 
tion. 

Mr..  McClain    introduced    Constitutional    Proposition    No.    323,    being 


CONVENTION    OF    OKLAHOMA.  107 

a  proposition  relating  to  the  Sale  of  Intoxicating  Liquors  in  Cities  and 
Towns  Where  State  .Educational  Institutions  are  Situated,  which  was 
read  in  full,  read  a  second  time  by  title  and  referred  to  the  Committee 
on  Liquor  Traffic. 

Mr.  Leahy  introduced  Constitutional  Proposition  No.  32  4,  being  a 
proposition  relating  to  School  and  Public  Lands,  which  was  read,  read 
a  second  time  by  title  and  referred  to  the  Committee  on  State  and 
School  Lands. 

Mr.  Leahy  introduced  Constitutional  Proposition  No.  32  5,  being  a 
proposition  providing  For  the  Appointment  of  the  Segregated  Coal  Land 
Commission  and  Defining  Its  Duties,  which  was  read,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Ordinances. 

Mr.  McCance  introduced  Constitutional  Proposition  No.  32 G,  being 
a  proposition  relating  to  County  Commissioners,  which  was  read,  read 
a  second  time  by  title  and  referred  to  the  Committee  on  County  and 
Township  Organization. 

Mr.  McCance  introduced  Constitutional  Proposition  No.  3  27,  being 
a  proposition  to  Establish  a  State  Printery  and  Provide  for  the  Election 
of  a  State  Printer,  which  was  read,  read  a  second  time  by  title  and 
referred  to  the  Committee  on  Public  Printing. 

Mr.  McCance  introduced  Constitutional  Proposition  No.  32S,  being 
a  proposition  Prohibiting  a  Member  of  the  General  Assembly  from 
Voting  on  Any  Measure  in  WWch  He  Has  a  Personal  Interest,  which 
was  read,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Legislative  Department. 

Mr.  Cobb  introduced  Constitutional  Proposition  No.  32  9,  being  a 
proposition  providing  for  Woman  Suffrage,  which  was  read,  read  a  sec- 
ond time  by  title  and  referred  to  the  Committee  on  Suffrage. 

Mr.  Hunt  Introduced  Constitutional  Proposition  No.  330,  being  a 
proposition  to  Regulate  the  Abuses  of  Taxation  With  Regard  to  Promis- 
sory Notes  and  Other  Evidences  of  Indebtedness,  which  was  read,  read 
a  second  time  by  title  and  referred  to  the  Committee  on  Revenue  and 
Taxation. 

Mr,  Herring  introduced  Constitutional  Proposition  No.  331,  being 
a  proposition  relating  to  Liquor  Traffic,  which  was  read,  read  a  second 
time  by  the  title  and   referred  to  the  Committee  on   Liquor  Traffic. 

Mr.  Buchanan  introduced  Constitutional  Proposition  No.  33  2,  being 
a  proposition  relating  to  Trusts  and  Corporations  in  Restraint  of  Trade, 
which  was  read,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee on  Manufactures  and  Commerce. 

Mr.  Roberts  introduced  Constitutional  Proposition  No.  33  3,  being 
a  proposition  relating  to  Making  Gambling  a  Felony,  which  was  read, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Crimes  and 
Punishment. 


108  JOURNAL    OF    CONSTITUTIONAL 

Mr.  Williams  of  lOS,  introduced  Constitutioual  Proposition  No.  334, 
being  a  proposition  Effecting  and  Pertaining  to  p,ailroad  Corporations, 
which  was  read,  read  a  second  time  by  the  title  and  referred  to  the 
Committee    on    Railroads    and    Public    Service    Corporations.   ■ 

Mr.  Akers  introduced  Constitutioual  Proposition  No.  335,  being  a 
proposition  for  the  Location  and  Removal  of  County  Seats,  which  was 
read,  read  a  second  time  by  the  title  and  referred  to  the  Committee  on 
Counties   and    County   Boundaries. 

On  motion  of  Mr.  Rose,  the  Convention  resolved  into  Committee  of 
the  Whole  for  the  further  considei'ation  of  the  report  of  the  Com^- 
mittee  on  Preamble  and  Bill  of  Rights,  with  Mr.  Johnston  in  the  chair. 

After  considering  the  report  of  the  Committee  on  Preamble  and 
Bill  of  Rights,  the  Committee  of  the  Whole  rose,  the  President  resumed 
the  chair,  and  the  chairman,  Mr.  Johnston,  made  the  following  report: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the'  Committee  on  Preamble  and  Bill 
of  Rights,  recommending  the  adoption  of  the  Preamble  submitted  by 
them,  beg  leave  to  report:  That  we  have  had  the  same  under  consid- 
eration and  recommend  that  the  same  do  pass  and  be  adopted  as 
amended  in  Committee  of  the  Whole,  which  amendments  are  hereto 
attached;  that  the  same  as  amended  be  engrossed  and  passed  to  third 
reading  and   final   passage. 

HENRY  S.   JOHNSTON.   Chairman. 

On  motion  of  Mr.  Ellis,  the  report  of  the  Committee  of  the  Whole 
was   adopted. 

On  motion  of  Mr.  Haskell,  the  Convention  adjourned  until  10 
o'clock  a.  m.,  December  13th,   1906. 

Morning  Session,  Thursday,  December  13,   1906 — 10  A.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called,  all  members  present  except  Messrs.  Hogg,  Harrison  of 
45,  and  Williams  of  108,  all  of  whom  were  excused,  and  Messrs.  Led- 
better    and    Fisher. 

Mr.  Cochran  introduced,  by  request,  a  petition  from  the  Board  of 
Pharmacy  of  the  Indian  Territory  and  Oklahoma,  relating  to  the  Phar- 
macy Law  Passed  by  the  United  States  Congress,  for  the  Indian  Terri- 
tory, which  was  referred  to  the  Committee  on  Public  Health  and  Sani- 
tation and  the  Practice  of  Medicine  and  Pharmacy. 

Mr.  Wyly  tendered  his  resignation  as  a  member  of  the  Committee 
on  State  and  School  Lands,  which  was  accepted,  and  Mr.  Tosh  was 
named  to  succeed  him;  on  motion  of  Mr.  Ellis,  the  appointment  was 
confirmed. 

The  President  appointed   as   a   committee   to   invite   Governor   Folk, 


CONVENTION   OK   OKLAHOMA.  109 

the  following  named  gentlemen:      Messrs.  McCance,  Cochran,  and  Harri- 
son   of    88. 

Mr.  Kane  introduced  Constitutional  Proposition  No.  336,  being  a 
proposition  relating  to  a  Judicial  Department  tor  the  proposed  State  of 
Oklahoma,  which  was  read,  read  a  second  time  by  title  and  referred  to 
the  Committee  on  Judiciary  and   Judicial   Department. 

Mr.  Kane  introduced  Constitutional  Proposition  No.  337,  being  a 
proposition  relating  to  the  Legislative  Department  for  the  proposed 
State  of  Oklahoma,  which  was  read,  read  a  second  time  by  title  and 
referred  to  the  Committee  on  Legislative  Department. 

Mr.  Berry  introduced  Constitutional  Proposition  No.  33  8,  being  a 
proposition  relating  to  Liquor  Traflfic,  which  was  read,  read  a  second 
time   by   title  and  referred   to   the   Committee  on   Liquor   Traffic. 

Mr.  Graham  introduced  Constitutional  Proposition  No.  339,  being 
a  proposition  to  Prevent  the  I^ocation  of  Any  Public  Buildings  for  State 
Purposes  Until  the  Year  1913,  which  was  read,  read  a  second  time  by 
title  and  referred  to  the  Committee  on  Public  Institutions  and  State 
Buildings. 

Mr.  Newell  introduced  Constitutional  Proposition  No.  340,  being  a 
proposition  relating  to  Legislative  Authority,  which  was  read,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Legislative  De- 
partment. 

Mr.  Sorrells  introduced  Constitutional  Proposition  No.  341,  being  a 
proposition  relating  to  Limitation  on  Legislative  Powers,  which  was  read, 
read  a  second  time  by  title  and  referred  to  the  Committee  on  Legisla- 
tive   Department. 

Mr.  Sorrells  introduced  Constitutional  Proposition  No.  34  2,  being  a 
proposition  relating  to  Public  Money,  which  was  read,  read  a  second 
time  by  title  and  referred  to  the  Committee  on  Legislative  Department. 

Mr.  Sorrells  introduced  Constitutional  Proposition  No.  34  3,  being 
a  proposition  relating  to  the  Release  of  Corporation  Debts,  which  was 
read,  read  a  second  time  by  title  and  referred  to  the  Committee  on 
Legislative  Department. 

Mr.  Asp  introduced,  by  request,  Constitutional  Proposition  No.  344, 
being  a  proposition  relating  to  Displaying  the  United  States  Flag  Upon 
Public  School  Buildings,  which  was  read,  read  a  second  time  by  title, 
and   referred   to   the   Committee   on    Education. 

The  Committee  on  Rules  made  the  following  report: 
To    the   Constitutional    Convention: 

Your  Committee  on  Rules,  to  whom  was  referred  Resolution  No. 
4  5,  in  words  and  figures  as  follows,  to-wit: 

Whereas,  The  Convention  has  been  organized  in  session  and  ready 
tc  receive  proposed  Constitutional  Provisions  for  more  than  three  weeks. 


110  JOURNAL    OP    CONSTITUTIONAL 

during  which  time  all  parties  have  had  ample  opportunity   to   introduce 
as  they  saw  fit;   and, 

Whereas,  It  is  necessary  that  the  committees  proceed  with  their 
allotted  work;   therefore,  be  it  further 

Resolved,  That  no  further  proposed  Constitutional  Provisions  be 
received  in  open  session  of  the  Convention  until  further  ordered  by  the 
Convention,  and  that  all  such  propositions  be  presented  to  the  proper 
committee  or  committees,  beg  leave  to  report  that  they  have  had  same 
under  consideration  and  report  adversely  thereon,  and  recommend  that 
the  same  do  not  pass. 

Your  committee  further  reports  and  recommends  the  adoption  of 
the  following  rule,  to-wit; 

That  Order  of  Business  No.  4  of  Rule  3,  be  amended  by  striking 
the  words  "Constitutional  Provisions"  therefrom,  and  that  from  this 
day  propositions  for  Constitutional  Provisions  may  be  submitted  and 
received  on  Monday  and  Saturday  of  each  week,  as  Order  of  Business 
No.    11. 

Respectfully  submitted, 

C.  H.  PITTMAN, 
HENRY    S.     JOHNSTON, 
S.    W.    HAYES, 
J.   M.   SANDLIN. 

I  cannot  concur  in  the  majority  report  of  the  committee.  In  my 
opinion  the  resolution  should  be  passed  as  introduced. 

J.   F,   KING.   Vice-Chairman. 

Mr.  Ellis  moved  the  adoption  of  the  majority  report. 

Mr.  Henshaw  moved  to  amend  as  follows:  That  all  Constitutional 
Propositions  be  introduced,  read  by  title,  and  referred  to  the  proper  com- 
mittee. 

Mr.  Pittman  moved  the  previous  question,  the  question  being: 
Shall  the  main  question  now  be  put?  which  was  decided  in  the  affirm- 
ative. 

The  vote  recurring  on  Mr.  Henshaw's  amendment,  it  was  decided 
in    the   negative. 

The  question  being  upon  the  adoption  of  the  majority  report,  it 
was  decided  in  the  affirmative. 

The  Committee  on  Rules,  to  whom  was  referred  Resolution  No.  4  6, 
providing  for  the  Enrollment  of  the  Constitution  of  Oklahoma,  reported 
that  they  had  had  the  same  under  consideration  and  recommended  that 
the  same  be  adopted  as  amended  by  the  committee,  the  resolution  read- 
ing as  follows: 

Be  it  resolved,  By  the  Constitutional  Convention  of  the  State  of 
Oklahoma  that  the  Enrollment  of  the  Constitution  and  of  the  several 
articles  thereof,  which  shall  be  adopted  as  follows: 


CONVENTION   OF   OKLAHOMA.  Ill 

First.  There  shall  be  seven  original  enrollments  thereof,  one  of 
which  shall  be  on  sheets  of  parchment,  foui'teen  inches  in  width  and 
eighteen  inches  in  length;  the  second,  third,  fourth,  fifth,  sixth  and 
seventh  originals  of  which  shall  be  upon  the  best  grade  of  linen  paper. 

That  the  parchment  enrollment  thereof  shall  be  written  in  long- 
hand with  the  highest  quality  and  chemically  tested  and  proven  ink, 
selected  by  the  Secretary  of  the  Territory,  and  the  several  sheets  thereof 
so  fastened  together  and  sealed  as  to  prevent  the  removal  without  de- 
struction  thereof. 

That  the  linen  paper  selected  for  the  originals,  numbered  two  to 
seven,  inclusive,  shall  be  the  same  length  and  breadth  as  herein  pre 
scribed  for  the  parchment,  and  secured  and  fastened  in  the  same  man- 
ner. Provided,  that  such  enrollment  of  originals,  two  to  seven,  inclu- 
sive, shall  be  made  with  record  ribbon  typewriting,  tested  in  like  man- 
ner prescribed  for  the  parchment  enrollment. 

That  the  seven  enrollments  herein  provided  lor  shall  be  placed  in 
the  custody  of  the  Secretary  of  the  Territory,  to  be  safely  kept  by  him 
and    disposed    of    as    follows: 

Enrollment  Number  One,  to  be  delivered  to  the  Secretary  of  State, 
and  to  remain  perpetually  in  the  archives  of  the  State  in  the  office  of 
the   Secretary   thereof. 

Enrollment  Number  Two,  to  be  transmitted  by  the  Secretary  of  the 
Territory  of.  Oklahoma,  to  the  President  of  the  United  States  for  exam- 
ination and  its  final  disposition  according  to  law. 

Enrollment  Number  Three,  to  be  transmitted  by  the  Seci'etary  of 
the  State  of  Oklahoma  to  the  Clerk  of  the  Supreme  Court  of  Oklahoma, 
there  to  remain  perpetually  in  the  archives  of  the  Supreme  Court  and 
its   successors    forever. 

Enrollment  Number  Four,  to  be  transmitted  by  the  Secretary  of 
State  to  the  Librarian  of  Congress. 

Enrollment  Number  Five,  to  be  transmitted  by  the  Secretary  of 
State  to  the  Oklahoma  Historical  Society  of  Oklahoma. 

Enrollment  Number  Six,  to  be  kept  in  the  office  of  the  Secretary  of 
the  Territory  of  Oklahoma  and  delivered  by  him  to  the  Seci'etary  of 
State  perpetually  preserved  in  the  archives  of  his  office.  This  enroll- 
ment, however,  shall  be  for  the  use,  examination  and  inspection  of  the 
public. 

Enrollment  Number  Seven,  to  be  preserved  by  the  Secretary  of  the 
Territory  to  the  fullest  extent  consistent  with  its  use  by  the  printers, 
engravers  and  lithographers,  authorized  to  use  the  same  for  the  due 
publication  of  the  Constitution. 

That,  as  so  enrolled,  each  of  the  seven  original  enrollments  shall  be 
signed  with  the  signed  manual  of  the  President  of  this  Convention,  the 


112  JOURNAL    OF    CONSTITUTIONAL 

First  Vice-President,  the  Second  Vice-President,  also  the  members  of 
this  Convention,  in  the  numerical  order  of  the  districts  which  they  rep- 
resent, and  the  signatures  shall  be  duly  attested  by  the  Secretary  of 
this  Convention  and  his  attestation  in  turn  attested  by  the  Secretary-  of 
the  Territorj^  of  Oklahoma  under  the  great  seal  thereof. 

Propositions  separately  submitted  to  the  people  shall  be  included  in 
the  enrollments  herein  provided  for  but  shall  Le  kept  and  preserved 
separately  in  a  like  manner  as  herein  provided  for  the  body  of  the 
Constitution. 

The  adoption  of  this  enrollment  shall  not  work  as  a  rule  requir- 
ing the  unanimous  consent  of  the  Delegates  composing  the  Convention, 
to  any  or  all  its  provisions  and  shall  not  work  a  requirement  to  obtain 
more  than  a  majority  of  the  signatures  of  the  Delegates  of  the  Con- 
vention to  make  the  same  effective,  nor  to  empower  any  person,  officer 
or  non-official  Delegate  to  hinder,  impede  or  prevent  the  Constitution 
adopted  by  this  Convention  from  being  duly  submitted  to  the  people 
and  becoming  the  organic  law  of  the  State  as  prescribed  by  the  act 
of  Congress  creating  this  Convention. 

On  motion  of  Mr.  Swarts,  the  resolution  was  adopted. 
The    Committee    on    Judiciary    and    Judicial    Department    made    the 
following  report,  which  on  motion  of  Mr.  Leahy,  was  adopted: 
Honorable  Wm.    H.   Murray,    President   of  the   Convention: 

The  Commitee  on  Judiciary  and  Judicial  Department,  to  whom  was 
referred  the  resolution  requesting  the  opinion  of  the  committee  on  the 
question  as  to  whether  or  not  the  Convention  is  the  judge  of  the  num- 
ber of  employes  it  shall  have,  the  services  they  shall  render,  the  sal- 
aries each  shall  receive  and  the  right  of  the  Convention  to  determine 
the  expenses  it  incurs  and  control  and  direct  the  same,  has  had  the 
matter  under  consideration,  and  begs  leave  to  report  that  both  propo- 
sitions should  be  answered  in  the  affirmative;  that  the  power  of  the 
Convention  is,  in  the  opinion  of  the  committee,  limited  only  to  the 
employment  of  officers,  clerks  and  other  employes,  and  to  the  incurring 
of  only  such  expenses  as  are  necessary  to  properly  conduct  and  per- 
form the  business  and  work  of  the  Convention. 

Respectfully   submitted. 

W.   A.   LEDBETTER,    Chairman. 
The  Committee  on  Federal  Relations   reported   Constitutional  Prop- 
osition   No.    78,    with    the    recommendation    that    it    be    referred    to    the 
Committee  on  State  and  School  Lands,  which  was  done. 

The  Committee  on  Federal  Relations  reported  Nos.  31  and  35  back 
to  the  Convention  with  its  opinion  that  the  same  had  been  erroneously 
referred  and  asked  for  another  reference.  On  order  of  the  President 
said  resolutions  were  referred  to  the  Committee  on  Federal  Relations. 


CONVENTION    OF   OKLAHOMA.  113 

On  motion  of  Mr.  Johnston,  the  rules  were  suspended  for  the  pur- 
pose of  third  reading  of  provisions  and  final  action  upon  them. 

Ordinance  No.    1,    read   as   follows: 

An  Ordinance  Accepting  the  Terms  and  Conditions  of  the  Iilnabling 
Act. 

Be  it  ordained,  By  the  Constitutional  Convention  of  the  proposed 
State  ol  Oldahoma,  that  said  Constitutional  Convention  do  bj'  ordinance 
irrevocable,  accept  the  terms  and  conditions  of  an  Act  of  the  Congress  of 
the  United  States,  entitled  "An  Act  to  enable  the  people  of  Oklahoma 
and  Indian  Territory  to  form  a  Constitution  and  State  Government 
and  be  admitted  into  the  Union  on  an  equal  footing  with  the  original 
states;  and  to  enable  the  people  of  New  Mexico  and  of  Arizona  to  form 
a  Constitution  and  State  Government  and  be  admitted  into  the  Union 
on  an  equal  footing  with  the  original  states,"  approved  June  16.  Anno 
Domini,  1906. 

The  Ordinance  being  upon  its  third  reading  and  final  passage, 
the  roll  was  called,  resulting  as  follows: 

Yeas:  Akers,  Allen,  Alderson,  Asp,  Baker,  Banks,  Berry,  Bilby, 
Board,  Bowers,  Bryant,  Buchanan,  Cain,  Carney,  Caudill,  Copeland, 
Chambers,  Cloud,  Cobb,  Cochran,  Covey,  Curl,  Dalton,  Bearing,  Edley, 
Edmondson,  Ellis,  Frye,  Gardner,  Hanraty,  Harned,  B.  F.  Harrison. 
Karris,  Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring, 
Hill,  Hopkins,  Houston,  Hudson,  Hughes,  Humphrey,  Hunt,  James, 
.Tenkins,  Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay,  Langley,  Lasater, 
Latimer,  Leahy,  Lee,  Leeper,  Liedtke,  Littlejohn,  Littleton,  McCance, 
McClain,  McClure,  Majors,  Mathis,  Maxey,  Messenger,  Mitch,  Moore, 
Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Sand- 
lin.  Safer,  Savage,  Sorrels,  Stowe,  Swarfs,  Tosh,  Tenor,  Tucker,  Weaver, 
Williams,  E.  R.;  Boone  Williams,  Wood  of  8,  Wood  of  89,  Wyatt,  and 
Mr.    President;    total,    97. 

Nays:    0. 

Absent:    Fifteen. 

On  motion  the  Convention  adjourned  until  10  o'clock  a.  m.,  Friday, 
December   14,    1906. 

Morning   Session,    Friday,    Dcccnilu'r    14,    1f)0(> — 10   A.    IM. 

Convention  met  pursuant  to  adjournment. 

Roll  called;  all  members  present,  except  Messrs.  Harrison,  Hogg 
and   Ledbetter,  all  of  whom  were  excused,  and  Dalton. 

Mr.  Ledbetter  was  excused  from  attending  the  sittings  of  the  Con- 
vention  until   Monday,    December    17th,    1906. 

On  motion  of  Mr.  Rose,  the  Convention  invited  Honorable  O.  B. 
Colquitt  to  address  the  Convention  at   2  p.  m. 


114  JOURNAL    OF    CONSTITUTIONAL 

On  motion  of  Mr.  Asp,  the  Convention  adjourned  until  2  o'cloclc 
p.    m. 

Afternoon  Session,  Friday,  December  14,  1906 — 2  P.  M. 

Convention   met   pursuant   to   recess.      Roll   call   was   omitted. 

Mr.  Hopkins  introduced  the  following  resolution,  which,  under  the 
rules,   was   laid   over   until    the   next   legislative   day: 

I  respectfully  move  to  reconsider  the  vote  by  which  Ordinance  No. 
1,  accepting  the  terms  and  conditions  of  the  so-called  Enabling  Act  was 
adopted   at  yesterday's   session. 

Honorable  O.  B.  Colquitt,  member  of  the  Railroad  Commission  of 
Texas,  addressed  the  Convention  on  Railway  Rate  Legislation,  after 
which  the  Convention  by  rising  vote,  unanimously  tendered  him  a  vote 
of  thanks. 

On  motion  of  Mr.  Rose,  the  Convention  adjourned  until  10  o'clock 
a.  m.,   December   15,   1906. 

Moi-ning  Session,  Saturday,  December  15,   1906 — 10  A.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called;  all  members  present  except  Messrs.  Harrison,  Hogg, 
Helton  and  Sandlin,  all  of  whom  were  excused,  and  Messrs.  Leahy  and 
Tracy. 

On  motion  of  Mr.  Ellis,  the  Committee  on  County  Boundaries  was 
excused  from  the  morning  session  in  order  that  it  might  proceed  with 
its  work. 

L.  T.  Russell,  private  secretary  to  the  President,  offered  his  resigna- 
tion to  take  effect  December  21,  1906,  which  on  motion  of  Mr.  Ellis, 
was  accepted. 

Mr.   Helton  was  excused   from  the  day's   session. 

A  communication  from  Honorable  W.  J.  Bryan  to  the  Convention 
was  read  and  on  motion  of  Mr.  Johnston,  a  vote  of  thanks  was  tendered 
him  and  it  was  ordered  that  a  sufficient  number  of  the  addresses  be 
printed  to  supply  the  requirements  of  the  Convention. 

On  motion  of  Mr.  Ellis,  the  President  was  authorized  to  secure  new 
quarters  for  his  private  office,  unless  those  he  occupies  at  present  are 
fixed  so  that  he  will  be  assured  privacy. 

On  motion  of  Mr.  Hopkins,  the  special  order  being  the  reconsider- 
ation of  the  action  of  the  Convention  on  Ordinance  No.  1,  consideration 
was   postponed   indefinitely. 

Miss  Clara  O'Brien   presented  the  President  with  a  silver  cup  with 

the    following   note: 

"Guthrie,  Okla.,  Dec.    15,   1906. 

"Honorable  W.  H.  Murray,  President  Constitutional  Convention,  Guthrie, 

Okla. 


CONVENTION   OF   OKLAHOMA.  llf) 

"Dear  Sir: — I  take  great  pleasure  in  handing  you  this  cup,  it 
being  the  first  and  last  opportunity  I  will  have  to  appear  before  a  body 
of    this   character.      May   our   well    wishes    go    with   you. 

"Respectfully, 

"CLARA   O'BRIEN 
"Oklahoma   City,   Okla." 

Mr.  Haskell  introduced  the  following  resolution,  which  was 
adopted: 

Be  it  resolved,  That  this  Convention  adjourn  for  recess  on  Friday, 
December  21,  1906,  until  Thursday,  January  3,  1907,  in  order  that  we 
may  have  thirty  days  after  the  holidays  in  which  to  complete  our 
labors. 

Mr.  Wood,  Chairman  of  the  Committee  on  Convention  Printi-ng, 
asked  further  time  for  the  report  on  bids  on  Convention  printing, 
which  was  granted. 

Mr.  Haskell  introduced  the  following  resolution,  which  was  refer- 
red  to  the   Committee  on  Rules: 

Resolved,  That  the  President  shall  be  ex-ofRcio  member  of  all 
standing  committees. 

Mr.  Kane  introduced  the  following  resolution,  which  was  referred 
to    the    Committee   on    Rules: 

Resolved,  That  all  members  of  standing  committees  sign  all  re- 
ports concurred  in  by  them  and  all  members  of  standing  committees 
who  do  not  concur  with  the  majority  shall  sign  a  minority  report. 

Mr.  Moore  introduced  a  petition  from  the  Hebrew  citizens  of  Enid, 
which  was  referred  to  the  Committee  on  Preamble  and  Bill   of  Rights. 

A  report  of  the  Committee  on  Federal  Relations,  as  to  Constitu- 
tional Provisions  required  by  the  Enabling  Act,  was  made,  which  was 
ordered  printed  and  referred  to  the  Committee  of  the  Whole. 

The  Committee  on  Federal  Relations,  to  whom  was  referred  Resolu- 
tion No.  59,  relating  to  the  Amendment  of  the  Constitution  of  the 
United  States  with  Reference  to  the  Right  of  Recall  of  Senators,  re- 
ported and  recommended  that  the  same  do  not  pass;  Resolution  No.  31, 
relating  to  the  Amendment  to  the  United  States  Constitution  Permitting 
the  Regulation  and  Levy  of  An  Income  Tax,  with  the  recommendation 
that  the  same  do  not  pass;  and.  Resolution  No.  35,  relating  to  the 
Election  of  United  States  Senators  by  the  Direct  Vote  of  the  People, 
with   the  recommendation   that  the  same   do   pass. 

On  motion  of  Mr.  Hayes,  the  consideration  of  the  reports  was 
postponed    indefinitely. 

Mr.  Asp,  Chairman  of  the  Committee  on  Convention  F^xpenses,  sub- 
mitted a  report,  which  on  motion,  of  Mr.  Haskell,  was  made  a  special 
order    for    Monday,    December    17,    1906. 

Mr.    Rose,   chairman   of   the   Committee   on   Election    Contests,    sub- 


116  JOURNAL    OF    CONSTITUTIONAL 

mitted  a  report,  which  on  motion  of  Mr.  Johnston,  was  made  a  special 
order  for   Tuesday,    December   IS,    1906. 

E.  R.  Williams,  Chairman  of  the  Committee  on  Invitation,  stated 
that  he  had  received  communications  from  F.  D.  Coburn,  of  Topeka, 
Kans.,  and  E.  A.  Calvin,  of  Dallas.  Texas,  stating  their  inability  to 
attend    and    address    the    Convention. 

Mr.    Sandlin   was  excused   from   attending  the   day's   session. 

On  motion  of  Mr.  Johnston,  the  rules  were  suspended  and  Con- 
stitutional   Propositions    were    read    by    title    only. 

Mr.  Hughes  introduced  Constitutional  Proposition  No.  3  45,  being 
a  proposition  for  Controlling  and  Prohibiting  the  Sale  of  Intoxicating 
Liquors,  which  was  read  by  title  and  referred  to  the  Committee  on 
Liquor   Traffic. 

Mr.  Edley  introduced  Constitutional  Proposition  No.  3  4  6,  being"  a 
proposition  relating  to  Salaries  of  Deceased  Officers  and  Age  of  Con- 
sent, which  was  read  by  title  and  referred  to  the  Committee  on  Salaries 
and  Compensation  of  Public  Officials. 

Mr.  Edley  introduced  Constitutional  Proposition  No.  347,  being  a 
proposition  relating  to  Railroad  Corporations,  which  was  read  by  title 
and  referred  to  the  Committee  on  Railroad  Corporations. 

Mr.  Baker  introduced  Constitutional  Proposition  No.  348.  being  a 
proposition  relating  to  the  Power  of  the  Legislature  Over  Municipal 
Indebtedness,  which  was  read  by  title  and  referred  to  the  Committee 
on   Municipal  Corporations. 

Mr.  Henshaw  introduced,  by  request.  Constitutional  Proposition 
No.  349,  being  a  proposition  relating  to  Corporations,  which  was  read 
by  title  and  referred  to  the  Committee  on  Private  Corporations. 

Mr.  Henshaw  introduced,  by  request.  Constitutional  Proposition  No 

350,  being  a  proposition  relating  to  ^Members  of  the  Legislature,  whiclt 
was  read  by  title  and  referred  to  the  Committee  on  Private  Corpora- 
tions. 

Mr.  Henshaw  introduced,  by   request,  Constitutional  Proposition  No. 

351,  being  a  proposition  relating  to  Corporations,  which  was  read  by 
title  and   referred   to  the   Committee  on   Private   Corporations. 

Mr.  Henshaw  introduced,  by  request.  Constitutional  Proposition  No. 
35  2,  being  a  proposition  relating  to  Insolvent  Corporations,  which  was 
read  by  title  and   referred  to  the  Committee  on  Private   Corporations. 

Mr.  James  introduced  Constitutional  Proposition  No.  353,  being  a 
proposition  for  the  Efficient  and  Economical  Control  of  All  Eleemosynary 
Institutions  of  the  State,  which  was  read  by  title  and  referred  to  the 
Committee  on  Public  and  State  Buildings. 

Mr.  Williams  of  97,  introduced  Constitutional  Proposition  No.  354, 
being  a  proposition  relating  to  Corporations,  which  was  read  by  title 
and  referred  to  the  Committee  on   Private  Corporations. 


CONVENTION    OF   OKLAHOMA.  117 

Mr.  Henshaw  introduced,  by  request,  Constitutional  Proposition 
No.  354,  being  a  proposition  for  tlie  Creation  of  a  Corporation  Com- 
mission and  Defining  Its  Power,  wliicli  was  read  by  title  and  referred 
to   the   Committee   on    Private   Corporations. 

Mr.  Williams  of  97,  introduced  Constitutional  Proposition  No. 
345,  being  a  proposition  relating  to  Arbitration  Between  Laborers  and 
Employers,  which  was  read  by  title  and  referred  to  the  Committee  on 
Labor    and    Arbitration. 

Mr.  Johnston  introduced  Constitutional  Proposition  No.  35  6,  being 
a  proposition  Classifying  Misdemeanors,  which  was  read  by  title  and 
referred   to  the  Committee  on   Crimes  and   Punishment. 

Mr.  Johnston  introduced  Constitutional  Proposition  No.  357,  being 
a  proposition  Limiting  the  Right  to  Hold  OfTice  in  the  State  of  Okla- 
homa, which  was  read  by  title  and  referred  to  the  Committee  on  Gen- 
eral  Provisions. 

Mr.  Johnston  introduced  Constitutional  Pi'oposition  No.  3  5  8,  being 
a  proposition  Limiting  the  Operation  of  the  Bill  of  Rights,  which  was 
read  by  title  and  referred   to   the  Committee  of  Rights. 

Mr.  Williams  of  108,  introduced  Constitutional  Proposition  No. 
359,  being  a  proposition  providing  for  the  Regulation  of  the  Issuance 
of  Stocks  and  Bonds  by  Railroad  Companies  and  Other  Common  Car- 
riers, which  was  read  by  title  and  referred  to  the  Committee  on  Public 
Service   Corporations. 

Mr.  Mitch  introduced  Constitutional  Proposition  No.  360,  being  a 
proposition  relating  to  the  Privilege  of  Physicians,  Surgeons,  Pharma- 
cists and  Lawyers  Practicing  in  the  Indian  Territory,  which  was  read 
by  title  and  referred  to  the  Committee  on  Schedule. 

On  motion  of  Mr.  Hayes,  the  Convention  adjourned  until  10  o'clock 
a.    ra.,    Monday,    December    17,    1906. 

Morning   Session,   Monday,    December    17,    1900 — 10    A.    M. 

Convention    convened    pursuant    to    adjournment. 

Roll  called;  all  membei's  present,  except  Messrs.  Hogg  and  J.  B. 
Harrison,   who  were  excused   on  account  of  sickness,   and   Mr.   Norton. 

Chief  Quanah  Parker,  of  the  Comanche  Tribe  of  Indians,  addressed 
the   Convention. 

The  Committee  on  County  Boundaries  was  excused  from  attendance 
of    the   morning   session. 

Mr.  Wills,  of  the  County  Boundaries  Committee,  offered  his  resig- 
nation, which  was  accepted,  and  Mr.  Haskell  was  appointed  to  succeed 
him,   and   on   motion,    the   appointment   was   confirmed. 

On  motion  of  Mr.  Pittman,  the  Convention  extended  to  Mr.  Nib- 
lack  a  vote  of  thanks  for  complimentary  printing  of  the  Bryan  ad- 
dresses. 


118  JOURNAL   OF   CONSTITUTIONAL 

A  communication  was  received  from  the  Farmers'  Union  of  Roff, 
Indian  Territory,  which  on  motion  of  E.  R.  Williams,  was  ordered  to  be 
made  a  part  of  the  record;    which  read  as  follows: 

"Roff,  I.   T.,  Nov.   24,   1906. 

"At  a  meeting  of  the  Roff  District  Union,  Prof.  C.  J.  Moore,  of 
Dolberg  Local,  introduced  the  following  resolution,  which  was  adopted 
vmanimously: 

"  'Resolved,  That  we  extend  our  thanks  to  the  members  of  the 
State  Constitutional  Convention  for  selecting  Honorable  W.  H.  Murray, 
President  of   the  Convention. 

"  'We  recognize  W.  H.  Murray  as  an  able,  honest  and  fearless 
defender  of  the  rights  of  all  classes.  He  is  broad-minded,  knows  his 
duty  and  has  the  courage  to  perform  that  duty. 

"  'We,  the  members  of  the  Roff  District  Union,  feel  complimented 
that  the  Convention  saw  fit  to  select  a  farmer  to  preside  over  its  delib- 
erations. 

"  'We  know  that  our  rights  will  not  be  neglected  by  the  Convention, 
presided  over  by  one  of  our  ablest  expounders  of  the  principles  of  the 
li'armers'   Union. 

"  'Resolved,  That  a  copy  of  these  resolutions  be  presented  for  read- 
ing before  the  Constitutional  Convention  and  be  a  part  of  the  records 
of  that  body. 

"  'O.    W.    TAYLOR,    President. 
"  'S.    H.    AILY,    Secretary.'  " 

A  communication  from  Honorable  John  Sharpe  Williams,  of  Mis- 
sissippi, was  read. 

A  communication  from  the  President  of  the  Oklahoma  and  Indian 
Territory   Bar   Association   was   read. 

Mr.  Johnston  moved  to  excuse  those  Delegates  who  desired  to 
attend  the  Bar  Association.  Mr.  Rose  moved  to  amend  by  inviting  tht; 
Bar  Association  to  address  the  Convention  Thursday  evening.  Under 
the  rules  the  matter  was  laid  over  for  one  day. 

On  motion  of  Mr.  Haskell,  the  following  resolution  was  adopted: 

Resolved,  That  the  pay  of  the  Chief  Committee  Clerk  be  fixed  at 
$6.00   per  day  from   the  date  of  his   appointment. 

Mr.  Caudill  introduced  a  Memorial  Relating  to  Convicts  and  Convict 
Labor,  which  was  referred  to  the  Committee  on  Preamble  and  Bill  of 
Rights. 

On  motion  of  Mr.  Baker,  it  was  ordered  that  communications 
received  by  the  Convention  be  not  recorded  in  full  and  that  the  action! 
of  the  Convention  only,  be  recorded. 

Mr.  Quarles  introduced  an  ordinance  relating  to  the  Osage  Nation, 
which  was  referred  to  the  Committee  on  Ordinance. 

Mr.    Rose,    chairman    of    the    Committee    on    Preamble    and    Bill    of 


CONVENTION   OF   OKLAHOMA.  119 

Rights,  made  a  report,  which  was  ordered  printed  and  referred  to  the 
Committee   of   the  Whole. 

Mr.  Wood,  Chairman  of  the  Committee  on  Convention  Printing, 
made  a  report,  which  on  motion  of  Mr.  Baiter,  was  ordered  printed  and 
made  a  special   order   for  Wednesday. 

The  special  order  being  for  the  further  consideration  of  the  report 
of  the  Committee  on  Convention  and  Election  Expenses,  an  itemized 
report  was  read. 

Mr.    Haskell    offered    the    following   resolution: 

Resolved,  That  the  Committee  on  Convention  and  Election  Expenses 
be  directed  to  make  proper  applications  to  Congress  for  an  additional 
allowance  for  above  purposes,  of  $1-50,000.00,  and  further  consideration 
of   the   report   to   be   now    deferred. 

Mr.   Kornegay  offered  the  following  amendment: 

Resolved,  That  a  Special  Committee  of  three  be  appointed  by  the 
President  to  draft  a  suitable  memorial  to  Congress  praying  for  a 
deficiency  appropriation  of  One  Hundred  and  Fifty  Thousand  Dollars  to 
cover  the  expenses  of  this  Convention  and  the  holding  of  the  election 
on  the  ratification  of  this  Constitution,  and  the  election  of  State  Officers, 
in  accordance  with  the  report  by  the  Committee  on  Convention  and 
Election  Expenses,  and  that  the  committee  present  this  memorial  to  the 
Convention  for  approval,  and  upon  its  approval  present  the  same  to 
Congress    for    appropriate    action. 

The  amendment  as  offered  by  Mr.  Kornegay  being  accepted  by  Mr. 
Haskell,  the  resolution  in  its  amended  form  was  adopted,  and  Messrs. 
Asp,  Kornegay  and  Haskell  were  appointed  as  such   Si)ecia)   Committee. 

On  motion  of  Mr.  Haskell,  the  following  resolution  was  adopted: 

Resolved,  That  the  Committee  on  Convention  Printing  and  Ex- 
penses report  to  the  Convention  what  the  printing  has  cost  up  to  this 
date  and  if  further  work  is  awarded  to  same  firm  under  their  bid, 
will   the  price  bid  be  accepted   for   previous   work. 

On  motion  of  Mr.  Rose,  Constitutional  Propositions  were  read  by 
title  only. 

Mr,  Hendricks  introduced  Constitutional  Proposition  No.  361, 
being  a  proposition  relating  to  the  Right  of  the  People  to  Rule  on 
County  Boundary  Questions,  which  was  read  by  title  and  referred  to  the 
Committee  on  Counties  and  County  Boundaries. 

Mr.  Hendricks  introduced  Constitutional  Proposition  No.  362,  being 
a  proposition  I'elating  to  Restrictions  of  County  Seat  Removals,  which 
was  read  by  title  and  referred  to  the  Committee  on  Counties  and  County 
Boundaries. 

Mr.  Hendricks  introduced  Constitutional  Proposition  No.  363,  being 
a    proposition    relating    to    Restrictions    on    Dividing    and    Establishing 


J  20  JOURNAL   OF    CONSTITUTIONAL 

Counties,  which  was  read  by  title  and  referred  to  the  Committee  on 
Counties   and    County    Boundaries. 

Mr.  Pittman  introduced  Constitutional  Proposition  No.  364,  being 
a  proposition  relating  to  Public  Service  Corporations,  which  was  read 
by  title  and  referred  to  the  Committee  on  Railroad  and  Public  Service 
Corporations. 

Mr.  Williams  of  108,  introduced  Constitutional  Proposition  No. 
365,  being  a  proposition  relating  to  Free  Transportation  by  Railroads, 
which  was  read  by  title  and  referred  to  the  Committee  on  Railroads 
and   Public   Service   Corporations. 

Mr.  Lee  introduced  Constitutional  Proposition  No.  366,  being  a 
proposition  Eliminating  Grand  Juries  and  Justices  of  the  Peace,  which 
was  read  by  title  and  referred  to  the  Committee  on  Judiciary  and 
Judicial    Department. 

Mr.  Hausam  introduced  Constitutional  Proposition  No.  3  67,  being 
a  proposition  relating  to  Corporations,  which  was  read  by  title  and 
referred    to    the    Committee   on    Private    Corporations. 

Mr.  Quarles  introduced  Constitutional  Proposition  No.  368,  being 
a  proposition  relating  to  Exempting  Pedigreed  Stock  from  Taxation, 
which  was  read  by  title  and  referred  to  the  Committee  on  Revenue  and 
Taxation. 

Mr.  Quarles  introduced  Constitutional  Proposition  No.  369,  being 
a  proposition  relating  to  Executive  Department,  which  was  read  by 
title   and   referred   to   the   Committee  on   Executive   Department. 

Mr.  Quarles  introduced  Constitutional  Proposition  No.  370,  being 
a  proposition  relating  to  Qualifications  of  the  Governor,  which  was 
read   by   title  and   referred   to   the   Committee   on   Executive  Department. 

Mr.  Quarles  introduced  Constitutional  Proposition  No.  371,  being 
a  proposition  relating  to  the  Qualifications  of  State  Officers,  which  was 
read  by   title  and   referred  to  the   Committee  on   Executive   Department. 

Mr.  Quarles  introduced  Constitutional  Proposition  No.  373,  being 
a  proposition  relating  to  the  Terms  of  State  Officers,  which  was  read 
by  title  and  referred  to  the  Committee  on  Executive  Department. 

Mr.  Quarles  introduced  Constitutional  Proposition  No.  374,  being 
a  proposition  relating  to  the  Terms  of  Office  of  Railroad  Commissioners, 
which  was  read  by  title  and  referred  to  the  Committee  on  Railroad  and 
Public  Service  Corporations. 

Mr.  Quarles  introduced  Constitutional  Proposition  No.  375,  being 
a  proposition  relating  to  Fixing  the  Terms  of  Officers,  which  was  read 
by   title   and    referred    to    the   Committee   on    General    Provisions. 

Mr.  Williams  of  97,  introduced  Constitutional  Proposition  No.  376, 
being  a  proposition  relating  to  Immigration,  which  was  read  by  title 
and  referred  to  the  Committee  on  Immigration. 

Mr.    Frye    introduced    Constitutional    Proposition    No.    37  7,    being    a 


CONVENTION    OF   OKLAHOMA.  121 

proposition   relating  to  Uniform    Taxation,    wliich   was   read   by    title   and 
referred   to   the   Committee   on    Revenue   and   Taxation. 

On  motion  of  Mr.  Ellis,  the  Convention  adjourned  until  10  o'clock 
a.    m.,    Tuesday,    December    18,    1906. 

Morning   Session,   Tuesday,   December   18,    1906 — 10  A.   M. 

Convention    met    pursuant    to    adjournment. 

Roll  being  called,  all  members  were  present,  except  Messrs.  Har- 
rison of  45,  and  Roberts,  who  were  excused  on  account  of  sickness; 
Messrs.  Roberts  and  McClure  were  excused  from  attending  the  sit- 
tings  of  the   Convention   indefinitely. 

Mr.  Cloud  presented  petitions  relating  to  Agriculture  and  Educa- 
tion, respectively,  which  were  referred  to  the  Committees  on  Agriculture 
and  Education,  respectively. 

On  motion  of  Mr.  King,  it  was  ordered  that  copies  of  the  rules, 
etc.,  be  presented  to  the  Supreme  and  Federal  Judges,  the  Dawes  Com- 
missioners, the  Chief  Executives  of  the  Five  Civilized  Tribes  and  the 
Osage  Nation,  and  other  officials. 

Mr.  Caudill,  Chairman  of  the  Committee  on  Geological  Survey, 
made  a  report  which  was  ordered  printed  and  referred  to  the  Committee 
of    the    Whole. 

The  President  appointed  Mrs.  Rosalie  Hamblen-Jarrell  as  Oflicial 
Reporter,  which  on  motion  of  Mr.  Johnston,  was  confirmed,  and  Mrs. 
Jarrell  then  appeared  and  took  the  oath  of  office. 

Mr.  Tosh,  Chairman  of  the  Committee  on  Legislative  Department, 
made  a  report  which  was  ordered  printed  and  referred  to  the  Com- 
mittee of  the  Whole. 

The  Special  Order  being  the  report  of  the  Committee  on  Contested 
Elections,  Mr.  Ellis  moved  to  postpone  further  consideration  of  the 
report  indefinitely. 

Mr.  Hopkins  moved  to  amend  by  substituting  2  p.  m.,  this  after- 
noon. 

The  vote  recurring  upon  the  amendment,  it  was  decided  in  the 
negative. 

The   motion   to   postpone   was   then   adopted. 

On  motion  of  Mr.  Rose,  the  further  consideration  of  the  Preamble 
was  taken  up. 

On  motion  of  Mr.  Johnston,  the  third  reading  and  final  passage  of 
the  Preamble  was  made  a  Special  Order  for  Wednesday  afternoon  at 
2  o'clock. 

On  motion  of  Mr.  Hughes,  all  pending  motions  relative  to  the  invi- 
tation of  the  Twin  Territory  Bar  Association,  were  laid  upon  the  table. 

Mr.   Hughes  offered  the  following  resolution: 

That  the  Convention  extend   a  vote  of  thanks  to   the   Bar  Associa- 


122  JOURNAL   OF   CONSTITUTIONAL 

tion  for  their  invitation  and  to  excuse  the  Committee  on  Judicial 
Department  in  order  that  they  may  attend  the  meeting  of  the  Bar 
Association    Thursday    afternoon. 

Mr.  Leahy  moved  to  amend  the  motion  so  as  to  read,  As  many  as 
wish  to  attend  the  meeting  of  the  Bar  Association. 

President  Murray  offered  as  a  substitute  to  all  pending  motions  the 
following   resolution: 

Be  it  resolved,  By  this  Convention  that  we  most  heartily  thank 
the  Twin  Territories  Bar  xXssociation  for  their  invitation,  and  that  we 
excuse  the  Committee  on  Judiciary  to  attend  said  Bar  Association. 

Be  it  further  resolved.  That  we  most  respectfully  invite  said  Bar 
Association  to  send  a  representative  to  this  Convention  to  address  us 
upon  the  measures  which  shall  subserve  the  best  interests  of  the  State 
in  framing  the  Organic  Law. 

Mr.  Herring  moved  the  previous  question. 

The  question  being.  Shall  the  main  question  be  now  put?  which 
was  decided  in  the  affirmative. 

The  vote  recurring  on  the  substitute,   was  declared  In   ihe  negative. 

The  original  motion  as  amended  was  then  adopted. 

On  motion  of  President  Murray,  the  consideration  of  the  Journal  of 
December  18th,  was  made  a  Special  Order  for  10  a.  m.,  December  19tli. 

On  motion  of  Mr.  Pittman,  the  Convention  adjourned  until  2  p.  m. 
Aftemoon  Session,  Tuesday,  December  18,    1906 — 2  P.   M. 

Convention   met   pursuant  to   adjournment.      Roll    call   was   omitted. 

The  Honorable  W.  H.  Moore,  President  of  the  National  Good  Roads 
Association,  addressed  the  Convention  on  the  subject  of  Good  Roads  and 
the  Relation  of  the  State  Thereto,  after  which,  on  motion  of  Mr.  Pitt- 
man,   the   following   resolution   was   adopted: 

Whereas,  The  Constitutional  Convention  for  Oklahoma  has  heard 
with  pleasure  and  profit  the  very  able  and  earnest  address  of  the  Hon- 
orable W.  H.  IMoore,  President  of  the  National  Good  Roads  Association, 
upon  the  subject  of  Good  Roads  and  the  Relation  of  the  State  Thereto: 
therefore,  be  it 

Resolved,  That  we  extend  to  Mr.,  Moore  our  sincere  thanks  for  his 
address  and  assure  him  of  our  interest  in  this  subject,  and  that  we  will 
endeavor  to  take  such  action  as  will  provide  for  a  system  of  roadways 
commensurate  with  our  necessity  and  ability. 

Ojj   motion   of  Mr.   Leahy,   the  following   resolution   was   adopted: 

Resolved,  That  the  Official  Stenographers  of  this  Convention  be 
directed  to  furnish  for  publication  to  each  of  the  daily  newspapers  of 
Guthrie,  Oklahoma  City,  Muskogee,  South  McAlester,  Ardmore  and 
Enid,  a  copy  of  Colonel  Moore's  address. 

The  Committee  on  Counties  and  County  Boundaries  made  a  report, 


CONVENTION    OF   OKLAHOMA.  123 

which    was    ordered    priuted    and    referred    to    the    Committee    of    the 
Whole. 

On  motion  of  Mr.  Ellis,  the  Convention  then  adjourned  until  10 
a.  m.,  Wednesday,  December  19,   1906. 

Morning  Session,   Wednesday,  December  19,   lUOG — 10  A.  M. 

Convention   met   pursuant   to    adjournment. 

Roll  being  called,  all  members  present,  except  Messrs.  Harrison  of 
4  5,  Kelly  and  Roberts,  all  of  whom  were  excused;  and  Bowers,  Hill  and 
Mathis. 

Mr.  Asp  presented  a  communication  from  the  Mayor  of  Galveston, 
Texas,  relating  to  Municipal  Corporations,  which  was  referred  to  the 
Committee   on    Municipal    Corporations. 

By  unanimous  consent,  an  invitation  was  extended  to  the  Honorable 
Hatton  W.  Summers,  of  Dallas,  Texas,  to  address  the  Convention  on 
the  subject  of   bucketshop   gambling. 

The  Journal  of  December  17th,  was  amended  and  approved. 

A  memorial  from,  the  Commercial  Club  of  Antlers,  Indian  Territory, 
relating  to  the  orders  of  the  Interior  Department  in  the  Choctaw  Nation, 
was   read,   whereupon    the   following    resolution   was   adopted: 

Resolved,  That  the  President  appoint  a  committee  of  seven  to 
prepare  a  memorial  to  Congress  protesting  against  a  recent  order  of  the 
Interior  Department,  withdrawing  Choctaw  and  Cherokee  lands  from 
settlement,    for   reason    stated   in    the   memorial. 

Mr.   Allen   offered   the   following   resolution: 

Resolved,  That  when  we  recess  at  noon,  we  reconvene  at  2  p.  m.. 
for  the  purpose  of  going  into  the  Committee  of  the  Whole  to  consider 
the  report  of  the  Committee  on  Counties  and  County  Boundaries  as  a 
Special   Order. 

Mr.  Ellis  moved  the  previous  question,  the  question  being:  Shall 
the  main  question  be  now  put? 

The  yeas  and  nays  being  demanded,  result  was  as  follows: 

Yeas:  Akers,  Allen,  Alderson,  Baker,  Banks,  Board,  Brewer,  Bry- 
ant, Carr,  Chambers,  Cobb,  Curl,  Dearing,  Edmondson,  Ellis,  Fisher, 
Gardner,  Graham,  Hanraty,  Harrison  of  88,  Haskell,  Hausam,  Hayes, 
Henshaw,  Hogg,  Hughes,  Hunt,  James,  Johnston,  Jones,  King,  Langley, 
Lasater,  Lee,  Leeper,  Ledbetter,  Littlejohn,  McClain,  Majors,  Maxey, 
Messenger,  Mitch,  Moore,  Nelson,  Pittman,  Ramsey,  Rice,  Rogers,  Swarts, 
Tenor,  Tracy,  Turner,  Williams  of  3,  Williams  of  108,  Wills,  Wood  of 
8,   Wood   of    89,   Wyatt,    Wyly,    and    President   Murray.      Total,    60. 

Nays:  Asp,  Berry,  Bilby,  Buchanan,  Cain,  Carney,  Caudill,  Cloud, 
Cochran,  Copeland,  Covey,  Dalton,  Edley,  Frye,  Harned,  Harris,  Helton, 
Hendricks,  Herring,  Hopkins,  Houston,  Hudson,  Humphrey,  Jenkins, 
Kane,    Kornegay,   Latimer,  Leahy,   Liedtke,    Littleton,    McCance.    Newell, 


124  JOURNAL    OF    CONSTITUTIONAL 

Norton,  Parker,  Quarles,  Rose,  Sandlin,  Sater,  Savage,  Sorrells,  Stowe, 
Tosh,  Tucker,  Weaver,  Williams  of  97.      Total,   46. 

The    motion    was    decided    in    the    affirmative. 

The  question  recurring  on  the  resolution  of  Mr.  Allen  to  refer; 
the  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas:  Allen,  Alderson,  Baker,  Banks,  Board,  Brewer,  Carr,  Cham- 
bers, Cobb,  Curl,  Edmondson,  Ellis,  Gardner,  Graham,  Hanraty,  Haskell 
Hausam,  Hayes,  Henshaw,  Hogg,  James,  Johnston,  Jones,  King,  Koi- 
negay,  Langley,  Lasater,  Lee,  Leeper,  Ledbetter,  Littlejohn,  Littleton 
McCance,  McClain,  Majors,  Maxey,  Messenger,  Moore,  Nelson,  Pittmaji, 
Ramsey,  Rice,  Rogers,  Swarts,  Tenor,  Tracy,  Turner,  Williams  of  3, 
Williams  of   108,  Wills,  Wood  of   8,  Wood  of   89,  Wyatt,   Murray.   Total, 

54. 

Nays:  Akers,  Asp,  Berry,  Bilby,  Bryant,  Buchanan,  Cain,  Carney. 
Caudill,  Cloud,  Cochran,  Copeland,  Covey,  Dalton,  Bearing,  Bdley, 
Fisher,  Frye,  Harned,  Harris,  Harrison  of  8S,  Helton,  Hendricks,  Her 
ring,  Hopkins,  Houston,  Hughes,  Hudson,  Humphrey,  Hunt,  Jenkins, 
Kane,  Latimer,  Leahy,  Liedtke,  McClure,  Mitch,  Newell,  Norton,  Parker, 
Quarles,  Rose,  Sandlin,  Sater,  Savage,  Sorrells,  Stowe,  Tosh,  Tucker. 
Weaver,  Williams  of   97,  Wyly.      Total,   52. 

The  resolution  was  declared  to  be  adopted. 

Mr.  Akers  was  excused  from  attending  the  further  sittings  of  this 
Convention  until  after  the  holidays. 

Mr.  Geo.  W.  Wood,  Chairman  of  the  Committee  on  Convention 
Printing,    made   a   report. 

Mr.  Asp  moved  to  refer  the  report  back  to  the  committee  and  to 
ask  them  to  furnish  an  itemized  statement  of  the  cost  of  printing.  Mr. 
Pittman  moved  to  amend  by  requiring  the  Committee  on  Convention 
Printing  not  only  to  report  to  this  Convention  the  rate  at  which  printing 
is  being  done  for  this  body,  but  also  a  comparison  of  it  with  rates 
formerly  applying  to  similar  work  done  for  the  Legislature  of  Oklahoma, 
which  was  accepted  and  the  motion  as  amended  was  adopted. 

On  motion  of  Mr.  Pittman,  the  Convention  adjourned  until   2  p.  m. 

Afternoon  Session,  AVedncsday,  Deoenibor  19,  1906 — 2  1*.  >I. 

Convention   met   pursuant   to   adjournment. 

Roll  call  was  omitted. 

On  motion  of  Mr.  Pittman,  the  Convention  resolved  itself  into  a 
Committee  of  the  Whole  upon  the  consideration  of  such  matters  as 
may  come  before  it,  with  Mr.   Johnston  in  the  chair. 

After  some  time  spent  therein,  the  committee  arose  and  made  the 
following  report: 

Mr.  President:  Your  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  following  matters,  to-wit:     Report  of  Committee 


CONVENTION    OF    OKLAHOMA.  125 

on  Federal  Relations,  report  of  the  Committee  on  Preamble  and  Bill  of 
Rights,  report  of  the  Legislative  Department,  report  of  the  Committee 
on  County  and  County  Boundaries,  beg  leave  to  report  that  we  have 
had  the  same  under  consideration  and  report  progress  and  ask  leave 
CO   sit   again. 

HENRY  S.   JOHNSTON,   Chairman. 

On  motion  of  Mr.   Ellis,   the  report  was  adopted. 

The  Convention  adjourned  until  10  o'clock  a.  m.,  December  20, 
1906. 

Morning  Session,   Thursday,   December  20,    1906 — 10  A.  M. 

Convention    met   pursuant   to    adjournment. 

Roll  called;  all  members  present  except  Messrs.  Harrison  of  4  5,  and 
Akers. 

Mr.  Littlejohn  presented  a  petition  from  the  citizens  of  Stilwell, 
Indian  Territory,  relating  to  Prohibition,  which  was  referred  to  the 
Committee   on   Liquor   Traffic. 

A  communication  was  read  from  Secretary  McNabb,  informing  the 
Convention  of  the  presentation  or  112  copies  of  the  Second  Biennial 
Report  of  the  Oklahoma  Board  of  Agriculture,  whereupon,  on  motion  of 
Mr.  Hughes,  the  Convention  tendered  a  vote  of  thanks  to  Secretary 
McNabb. 

A  communication  from  Governor  Joseph  W.  Folk  was  read. 

A  communication  from  the  Owen  &  Welch  Company,  abstractors 
of  Oklahoma  City,  and  a  similar  communication  from  J.  E.  Ruble  &  Co., 
of  Taloga,  were  read. 

On  motion  of  Mr.  Williams  of  108,  the  following  resolution  was 
adopted: 

Resolved,  That  this  Convention,  recognizing  that  any  agency  that 
will  relieve  and  a,meliorate  the  condition  of  the  people  of  this  State,  In 
the  way  of  cheap  transportation,  urge  the  Rivers  and  Harbors  Congress 
to  recommend  to  the  Congress  of  the  United  States  that  a  sufficient 
appropriation  be  made  to  complete  the  work  of  improving  Red  River 
from  its  mouth  to  the  mouth  of  the  Washita  River,  and  that  this  appro- 
priation be  sufficient  to  maintain  the  work  of  improvement  continuously 
until  a  proper  depth  has  been  secured. 

Mr.  Frye  submitted  a  petition  from  the  citizens  of  Marble  City, 
relating  to  County  Boundaries,  which  was  referred  to  the  Committee 
on  Counties  and  County  Boundaries. 

A  similar  petition  was  introduced  by  Mr.  Harris,  which  was  also 
referred  to  the  Committee  on  Counties   and  County  Boundaries. 

Mr.  King,  Chairman  of  the  Committee  on  Rules,  made  the  follow- 
ing report,  which  was  adopted: 

Your  Committee  on  Rules,  begs  leave  to  report  the  following  rule: 


126  JOURNAL    OF    CONSTITUTIONAL 

The  Convention  shall,  upon  the  presentation  of  this  rule,  resolve 
itself  into  a  Committee  of  the  Whole  and  the  report  of  the  Committee 
on  Counties  and  County  Boundaries  shall  be  advanced  to  the  first  place 
on  the  calendar  of  General  Orders  and  to  have  precedence  thereon  over 
any  matters  finished  or  unfinished,  which  may  be  pending  before  said 
committee,  said  report  to  be  read  and  considered  section  by  section. 

J.    F.    KING,    Chairman. 

On  motion  of  Mr.  King,  the  Convention  resolved  itself  into  a  Com- 
mittee of  the  Whole,  upon  the  consideration  of  the  report  of  the  Com- 
mittee  on   Counties   and   County   Boundaries. 

After  some  time  spent  thereon,  the  committee  rose,  reported  prog- 
ress and   asked   leave  to  sit  again. 

On  motion  of  Mr.  Ellis,  the  report  was  adopted. 

On   motion   the  Convention  adjourned   until    2   p.    m. 

Afternoon  Session,  Thursday,  December  20,   1906 — 3  P.  M. 

Convention  met  pursuant  to  adjournment.     Roll  call  was  omitted. 

A  communication  from  S.  C.  Barrett,  Pi'esident  of  the  Farmers' 
Union,  was  read. 

The  President  appointed,  as  a  committee  to  draft  a  Memorial  to 
Congress  protesting  against  the  withdrawing  of  the  lands  of  Choctaw 
and  Cherokee  Nations:  Messrs.  Wyly,  Parker,  Rose,  Mitch,  Caudill, 
Kornegay  and  Cloud. 

On  motion  of  Mr.  Ellis,  the  Convention  resolved  itself  into  Com- 
mitte  of  the  Whole  upon  the  further  consideration  of  the  report  of  the 
Committee  on  Counties  and  County  Boundaries. 

After  some  time  spent  thereon,  the  committee  rose,  the  President 
resumed  the  chair,  and  the  chairman,  Mr.  Johnston,  made  the  following 
report: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Committee  on  Federal  Relations, 
beg  leave  to  report  that  they  have  had  the  same  under  consideration, 
and  report  the  same  back  with  the  recommendation  that  it  do  pass  as 
amended  in  the  Committee  of  the  Whole,  and  that  it  be  placed  in  the 
hands  of  the  Committee  on  Revision,  Compilation,  Style  and  Arrange- 
ment, ordered  engrossed  and  passed  to  a  third  reading  and  final  pas- 
sage. 

That,  as  to  the  Committee  on  Preamble  and  Bill  of  Rights,  we 
report  progress. 

As  to  the  report  of  the  Committee  on  Counties  and  County  Bound- 
aries, we  report  that  we  have  had  same  under  consideration,  and  recom- 
mend that  Section  1  to  40,  inclusive,  be  adopted;  be  ordered  placed  in 
the  hands  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,   and  ordered   engrossed;    and   report  progress  on  the   resi- 


CONVENTION    OF   OKLAHOMA.  127 

due  of  the  report  and  ask  leave  to  sit  again. 

HENRY  S.  JOHNSTON,   Chairman. 
On  motion  of  Mr.  Hayes,  the  report  was  adopted.      The  Convention 
took    recess    until    7:30    p.    m. 

Evening  Session,  Thmsday,  December  20,  1906 — 7:30  P.  M. 

Mr.  McClure  was  excused  from  attending  the  further  sittings  of  the 
Convention   until   after  the   holidays. 

On  motion  of  Mr.  Hanraty,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  with  Mr.  Johnston  in  the  chair.  After  some 
time  spent  therein,  the  committee  rose,  the  President  resumed  the 
chair,   the  chaii'man,    Mr.    Johnston,    made  the    following   report: 

Mr.  President:  We,  your  committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Committee  on  Counties  and 
County  Boundaries,  beg  leave  to  report  that  we  have  had  same  under 
consideration,  and  report  same  back  with  the  recommendation  that  it 
do  pass  as  herein  amended,  which  amendments  are  herewith  offered,  and 
that  the  same  be  considered  engrossed,  and  placed  on  for  third  reading 
and    final   passage. 

HENRY  S.  JOHNSTON,   Chairman. 

On  motion  of  Mr.  Swarts,  the  report  was  adopted. 

On  motion  of  Mr.  Hayes,  the  Convention  adjourned  until  9:30  a. 
m.,   December   21st,    1906. 

Morning  Session,  Friday,  December  21,   1906 — 9:30  A.  M. 

Convention   met   pursuant   to   adjournment. 

Roll  called;  all  members  were  present,  except  Messrs.  Harrison 
of  45,  and  Akers,  who  were  excused  on  account  of  sickness. 

Mr.  Latimer  introduced  a  petition  from  Wilburton,  I.  T.,  relating 
to  the  Sale  of  the  Surface  of  the  Segregated  Coal  Land,  which  was  re- 
ferred to  the  Special  Committee  on  Coal,  Oil,  Gas  and  Timber  Lands. 

Communication    from    J.   W.    Eakin,    of   Chant,    L    T.,    was    read. 

A  communication  from  Governor  Green  McCurtain,  relative  to  the 
Segregated   Lands,   was  read. 

On  motion  of  Mr.  Leahy,  the  Convention  resolved  intself  into  Com- 
mittee of  the  Whole,  upon  the  consideration  of  the  report  of  the  Com- 
mittee on  Legislative  Department.  After  consideration  of  the  matter 
referred  to  it,  the  Committee  of  the  Whole  rose,  reported  progress  and 
asked   leave  to   sit   again. 

On  motion  of  Mr.  Williams  of  3,  the  report  was  adopted. 

On  motion  of  Mr.  Johnston,  the  rules  were  suspended  in  order  to 
take  up  Constitutional  Propositions  on  the  Calendar  for  third  reading 
and    final   passage. 

Mr.   Johnston   moved   to  take   up   the  reading  of   the   report  of   the 


128  JOURNAL    OF    CONSTITUTIONAL 

Committee  on  Counties  and  County  Boundaries  as  amended  in  the 
Committee  of  the  Whole,  and  recommended  its  final  passage.  Tht 
motion   prevailed. 

;\Ir.  Johnston  moved  to  place  bill  on  its  final  passage;  motion  pre- 
vailed. 

The  ayes  and  nays  upon  the  final  passage  of  the  bill  being  taken, 
the  result  was  as  follows: 

Ayes:  Allen,  Alderman,  Baker,  Banks,  Board,  Bowers,  Brewer, 
Bryant,  Buchanan,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cobb, 
Cochran,  Copeland,  Curl,  Dalton,  Bearing,  Edley,  Edmondson,  Ellis, 
Fisher,  Gardner,  Graham,  Hanraty,  Harned,  Haskell,  Hausam,  Hayes, 
Helton,  Hendricks,  Hughes,  Henshaw,  Herring,  Hill,  Hogg,  Hopkins, 
Houston,  Hunt,  James,  Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay, 
Langley,  Lasater,  Latimer,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Lit- 
tlejohn,  McClain,  Majors,  Mathis,  Maxey,  Messenger,  Mitch,  Moore. 
Nelson,  Newell,  Norton,  Parker,  Pittman,  Quarles,  Rice,  Roberts,  Rogers, 
Sandlln,  Savage,  Sorrells,  Tosh,  Tenor,  Tracy,  Turner,  Weaver,  Wil- 
liams of  97,  Williams  of  108,  Wills,  Wood  of  8,  Wood  of  89,  Wiley, 
Murray.      Total,    90. 

Nays:      Asp,  Berry,  Bilby,   Cain,  Covey,  Harris,   Hudson,   Humphrey, 
Jenkins,  Sater,  Stowe,  Tucker.     Total,  12. 
Absent,  10. 

The  motion  was  decided  in  the  affirmative. 
Mr.  Messenger  offered  the  following  explanation: 
I  did  all  I  could  in  caucus  of  Third  Congressional  District,  to  get 
the  whole  13th  Recording  District  as  a  County  because  the  people 
whom  I  represent  wanted  this,  and  I  now  stand  for  the  13th  Recording 
District  as  a  County,  believing  it  best  for  my  people.  After  seven  Con- 
gressional caucuses  voted  me  down  on  my  claim  for  the  whole  District 
for  a  County,  by  a  vote  of  twenty  to  one,  1  then  very  earnestly  asked 
for  the  said  13th  Recording  District  less  the  north  row  of  townships, 
for  the  reason  that  I  think  that  this  would  be  the  best  choice  for  my 
people  and  would  be  the  best  for  them.  After  being  voted  down  in 
said  caucus  upon  my  second  choice,  and  there  not  being  enough  terri- 
tory north  of  the  Canadian  River  for  a  practical  County  after  lines  were 
thus  formed  on  my  west,  north  and  east,  I  then  became  in  favor  of 
Hughes  County  as  it  now  stands  as  the  next  best  thing  for  my  people 
and  the  taxpayers  thereof.     Therefore,  I  vote  "yes"  upon  its  adoption. 

Mr.  Liedtke  said  in  explanation:  Submitting  to  what  I  hope  to 
be  the  better  and  sounder  judgment  of  this  Convention,  I  vote  Aye, 
hoping  that  in  each  instance  that  everything  done  will  be  for  the  best 
interests  of  the  people  of  the  State  of  Oklahoma. 

Mr.    Caudill    said   in   explanation:      I    made    the   best   fight    I    could 


CONVENTION    OF   OKLAHOMA.  .  129 

against  the  division  of  Greer  County  and  since  the  majority  has  divided 
it  I  yield  to  the  majority  and  vote  Aye. 

Mr.  Savage  said  in  explanation:  I  opposed  the  division  of  Greer 
County  until  it  was  voted  over  me  by  almost  a  unanimous  majority.  I 
now  wish  to  concur  with  the  majority  in  voting  "yes." 

Mr.  Dalton  said  in  explanation:  After  doing  all  in  my  i)ower  for 
the  wishes  of  the  people  of  my  District  and  believing  it  to  be  the  duty 
of  every  Democratic  Delegate  of  the  Convention  to  bear  his  share  of 
the  responsibility  and  results  of  the  work  performed  by  this  Convention. 
1  vote  "yes." 

Mr.  Newell  said  in  explanation:  With  the  understanding  that  the 
boundary  lines  of  Payne  County  are  to  be  readjusted  before  final  ad- 
journment of  this   Convention,   I   vote  "yes." 

Mr.  Edley  said  in  explanation:  Alter  representing  my  people  be- 
fore the  County  Boundary  Committee  and  in  the  Committee  of  the 
Whole,  opposing  the  changes  in  the  boundary  lines  of  Comanche 
County  in  accordance  with  my  platform  and  the  wishes  of  my  people, 
but  it  being  the  wisdom  of  a  great  majority  of  this  Convention  that  the 
changes  made  were  necessary  and  for  the  common  good,  I  now  vote 
"yes." 

Mr.  Harned  said  in  explanation:  I  have  always  been  opposed  to 
any  division  of  the  Counties  of  Oklahoma  and  especially  of  the  division 
of  Woods  County;  having  been  elected  on  an  anti-division  platform,  I 
heartily  protested  against  any  division  of  Woods  County  until  every 
town  of  my  District  of  any  note  and  adjoining  my  District  filed  propo- 
sition for  division  with  the  committee  and  petition  from  farmers  repre- 
senting my  District;   then  and  then  only  did  I  consent  to  the  division. 

Mr.  Johnston  gave  notice  that  he  would  move  a  reconsideration  of 
the  report  of  the  Counties  and  County  Boundary  Committee  on  the  next 
Legislative    day. 

On  motion  of  Mr.  Ellis,  the  Convention  adjourned  until  January 
3d,    1907. 

Morning   Ses.sion,    Tluirsday,    January   3,    1907 — 10    A.    >l. 

Convention    met   pursuant    to    adjournment. 

Roll  called;  all  members  present,  except  Messrs.  Bowers,  Brewer, 
Cochran,  Hanraty,  Harrison  of  4  5,  Hendricks,  Hughes,  James,  Kelly, 
Langley,  Ledbetter,  McClain,  McClure,  Mathis.  Nelson,  Roberts,  Savage 
and  Wyly. 

Messrs.  Langley,  Rogers.  Brewer  and'  Wyly  were  excused  by  the 
Convention  from  attending  the  day's  session,  on  motion  of  Mr.  Buch- 
anan. 

Messrs.  James,  Harrison  of  45,  Bryant  and  Cochran,  and  Robert 
E.  Jackson,  Page,  were  all  excused  on  account  of  sickness. 


130  .  JOURNAL   OF    CONSTITUTIONAL 

On  motion,  Wm.  E.  L.  and  James  G.  Durant  were  appointed  Pages 
to  the  Convention  without  pay;  they  appeared  and  the  oath  of  office 
was  administered  to  them. 

Mr.  Pittman  moved  that  the  per  diem  of  the  Journal  Clerk  be 
increased  from  $4  to  $6  per  day  for  the  balance  of  the  session. 
On  motion  of  Mr.  Ellis,  the  motion  was  laid  on  the  table. 
Mr.  Roberts  presented,  by  request,  Petition  No.  81,  being  a  peti- 
tion of  the  citizens  of  Britton,  Oklahoma,  relating  to  Prohibition  by 
Constitutional  Provision,  which  was  referred  to  the  Committee  on  Liquor 
Traffic. 

Mr.  Carr  presented,  by  request,  a  like  petition.  No.  8  2,  of  the 
citizens  of  Davidson,  Oklahoma,  which  was  referred  to  the  Committee 
on   Liquor  Traffic. 

Mr.  Latimer  presented,  by  request,  a  like  petition.  No.  83,  being  a 
petition  of  the  citizens  of  Wilburton,  I.  T.,  relating  to  Prohibition,  which 
was  referred  to  the  Committee  on  Liquor  Traffic. 

Petition  No.  84,  being  a  petition  of  the  Citizens  of  Grant,  I.  T., 
relating  to  School  Lands,  which  was  referred  to  the  Committee  on 
State  and  School   Lands. 

President  Murray  presented,  by  request,  Petition  No.  85,  relating 
to  School  Lands,  which  was  referred  to  the  Committee  on  State  and 
School   Lands. 

President  Murray  presented,  by  request,  Petition  No.  86,  relating 
to  School  Lands,  which  was  referred  to  the  Committee  on  State  and 
School    Lands. 

President  Murray  presented,  by  request,  Petition  No.  87,  being  a 
petition  from  representatives  of  the  High  Schools  of  Oklahoma  Ter- 
ritory, relating  to  High  Schools,  which  was  referred  to  the  Committee 
on  Education. 

On  motion  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  the  consideration  of  Committee  Reports  Nos.  4,  5,  6,  with 
Mr.   Johnston  in  the  chair. 

After  consideration  of  the  report  of  the  Committee  on  Preamble 
and  Bill  of  Rights,  being  Committee  Report  No.  4,  the  Committee  of 
the  Whole  rose,  reported  progress,  and  asked  leave  to  sit  again.  The 
report  was  adopted. 

On  motion  of  Mr.  Williams  of  3,  the  Convention  adjourned  until 
2   p.   m. 

Afternoon   Session,    Thursday,   January   ;?,    1907 — 2   V.    M. 
Convention   met   pursuant   to  adjournment. 

Upon  communication  from  each  of  them,  the  Convention  excused 
Messrs.  McClain  and  Hughes  from  attending  the  sessions  until  Monday, 
January  7th,  and  Mr.  Mathis  from  attending  the  day's  sessions. 


CONVENTION    OF   OKLAHOMA.  131 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  the  further  consideration  of  Committee  Reports  Nos.  4,  5 
and  6,  with  Mr.  Johnston  in  the  chair. 

After  consideration  of  the  matter  referred  to  it,- the  Committee  of 
the  Whole  rose,  Mr.  Murray  resumed  the  chair,  and  Mr.  Johnston,  as 
Chairman  of  the  Committee  of  tjie  Whole,    made  the  following  report: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  you  referred  Committee  Reports  Nos.  4,  5  and  6,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  4,  being 
the  report  of  the  Committee  on  Preamble  and  Bill  of  Rights,  and  rec- 
ommend that  Sections  15  and  27  of  said  report  be  referred  to  the 
Committee  on  Preamble  and  Bill  of  Rights,  and  upon  the  residue  of 
said  matter  referred  to  us,  we  have  made  progress  and  ask  leave  to 
sit  again. 

HENRY    S.    JOHNSTON,    Chairman. 

On  motion  the  report  was  adopted. 

The  Convention  adjourned,  on  motion  of  Mr.  Kane,  until  10  a.  m., 
January   4,   1907. 

Moiiiing  Session,   Friday,   January  4,    1907 — 10  A.   M. 

Convention   met  pursuant   to  adjournment. 

Roll  was  called  and  all  members  present,  except  Messrs.  Bowers, 
Brewer,  Bryant,  Harrison  of  45,  Hughes,  Langley,  McClain,  McClure, 
Mathis,  Savage  and  Wyly,  all  of  whom  were  excused  by  the  Conven- 
tion  from   attending  the   day's   sessions. 

Mr.  Hanraty  asked  to  be  noted  as  excused  on  the  roll  call  of  the 
sessions  of  January  3d,  on  account  of  lateness  of  trains,  which  request, 
on   motion,   was   granted   by   the   Convention. 

Ml-.  Buchanan  introduced,  by  request.  Petition  No.  88,  being  a 
petition  of  the  citizens  of  Lexington,  Oklahoma,  relating  to  the  Liquor 
Traffic,  which  was  referred  to  the  Committee  on  Liquor  TraflBc. 

Mr.  Newell  introduced,  by  request,  Petition  No.  89,  a  petition  from 
the  County  Union  of  Payne  County,  relating  to  Railroads,  which  was 
referred  to  the  Committee  on  Railroads  and  Public  Service  Corporations. 

Mr.  Harned  introduced,  by  request.  Petition  No.  90,  a  petition 
from  the  Annual  Conference  of  the  Methodist  Episcopal  Church,  South, 
relating  to  Liquor  Traffic,  which  was  referred  to  the  Committee  on 
Liquor    Traffic. 

Mr.  Banks  introduced,  by  request,  Petition  No.  91,  a  petition  from 
the  citizens  of  Martha,  Oklahoma,  relating  to  the  Liquor  Traffic,  which 
was  referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Caudill  introduced,  by  request,  Petition  No.  9  2,  a  petition  from 
the  citizens  of  Granite,  Oklahoma,  relating  to  the  Liquor  Traffic,  which 
was  referred  to  the  Committee  on  Liquor  Traffic. 


132  JOURNAL    OF    CONSTITUTIONAL 

Mr.  Hausam  introduced,  by  request,  Petition  No.  9  3,  being  a 
petition  from  the  County  Union  of  Payne  County,  relating  to  Railroads, 
which  was  referred  to  the  Committee  on  Railroads  and  Public  Service 
Corporations. 

Resolution  No.  31,  by  Mr.  Swarts,  was  taken  up  with  the  report 
of  the  Committee  on  Federal  Relations,  recommending  the  adoption  of 
the  resolution. 

Mr.  Hayes  moved  the  adoption  of  the  report;  the  motion  was  sec- 
onded   and    roll    call    demanded. 

The  result  of  the  vote  was  as  follows: 

Ayes:  Akers,  Allen,  Alderson,  Banks,  Bilby,  Board,  Buchana^n, 
Carney.  Carr,  Caudill,  Chambers,  Cloud,  Cobb,  Cochran,  Copeland, 
Covey,  Curl,  Dalton,  Edley,  Edmondson,  Hendricks,  Henshaw,  Herring, 
Hill,  Hogg,  Humphrey,  Hunt,  James,  Johnston,  Jones,  Kane,  Kelly, 
King,  Latimer,  Leahy,  Lee,  Leeper,  Liedtke,  Littlejohn,  Littleton,  Mc- 
Cance.  Major,  Messenger,  Mitch,  Moore,  Nelson,  Newell,  Norton,  Parker, 
Pittraan,  Quarles,  Ramsey,  Rice,  Roberts,  Rose,  Sandlin,  Sorrells,  Stowe, 
Swarts,  Tosh,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3, 
Williams  of  97,  Williams  of  10 S,  Wills,  Wood  of  8,  Wood  of  89,  Wyatt 
and    Murray.      Total,    84. 

Nays:  Asp,  Baker,  Cain.  Cobb,  Bearing,  Graham,  Harris,  Hopkins^ 
Houston,  Hudson,  Jenkins,  Kornegay,  Ledbetter  and  Sater.     Total,  14. 

Absentees:  Bowers,  Brewer,  Bryant,  Harrison  of  45,  Hughes, 
Langley,  Lasater,  McClain,  McClure,  Mathis,  Maxey,  Rogers,  Savage  and 
Wyly.      Total,    14. 

Mr.  Baker,  in  explanation  of  his  vote,  said:  Mr.  President,  I  wish 
to  explain  my  vote  on  this  resolution.  I  am  unqualifiedly  in  favor  of 
an  Income  Tax,  but  I  do  not  think  that  the  Constitution  of  the  United 
States  needs  amendment  in  this  respect.  I  think  that  the  dissenting 
opinion  of  the  majority  of  the  Supreme  Court  of  the  United  States,  is 
the  law.  I  think  that  the  conversion  of  Justice  Shiras  in  one  night, 
was  too  sudden  and  attended  by  too  many  suspicious  circumstances,  and 
that  as  the  personnel  of  that  Court  may  soon  change,  and  a  different 
construction  may  then  prevail.     1  therefore  vote  "no." 

Mr.  Johnston,  in  explanation  of  his  vote,  said:  Mr.  President,  I 
wish  to  vote  "aye"  and  offer  in  explanation:  First,  I  am  in  favor  of 
the  principles  and  doctrine  of  a  graduated  tax,  and  also  of  a  gradu- 
ated property  tax.  I  am  in  favor  of  it  for  State  and  Nation  in  most 
instances.  It  is  my  opinion  that  the  Federal  Constitution  absolutely  pro- 
hibits the  same  and  that  the  decision  of  the  Supreme  Court  was  sound. 
It  is  my  opinion  that  the  conversion  of  the  Justice,  in  one  night,  was 
rather  sudden.  As  expressing  my  sentiments  and  as  contributing  toward 
an  expression  of  the  sentiments  of  this  Convention,  I  vote  "aye;"  upon 
the  other  hand,  there  are  certain  reasons  for  voting  "no,"  to-wit:     That 


CONVENTION    OF   OKLAHOMA.  133 

of  having  this  Convention  communicate  to  Congress  its  views  ui)on  a 
list  of  amendments  to  the  Federal  Constitution,  I  doubt  the  propriety 
of  this  Convention  addressing  Congress  upon  the  business  of  Congress, 
at  this  stage.  As  far  as  the  inMnciple  is  concerned,  I  am  with  the 
proposition,  and  hoping  that  it  will  end  with  action,  when  we  become 
a  State,  along  the  lines  expressed  in  this  vote,  I  vote  "aye." 

Mr.  Kane,  in  explanation  of  his  vote,  said:  Mr.  President,  I  want 
to  say  that  I  am  in  favor  of  an  Income  Tax  and  I  always  thought  w& 
had  one,  until  the  Supreme  Court  decided  against  it.  I  know  that  this 
is  the  Law  of  the  land  today,  but  I  am  in  favor  of  its  amendment;  that 
if  the  Law  does  not  permit  an  Income  Tax,  it  ought  to.      I  vote  "aye." 

Mr.  Kornegay,  in  explanation  of  his  vote,  said:  I  vote  "no"  upon 
the  proposition.  I  think  that  the  initiative  in  these  matters  should 
come  from  us  after  we  have  made  a  Constitution   for  the  State. 

Mr.  Ledbetter,  in  explanation  of, his  vote,  said:  Mr.  President:  In 
explanation  of  my  vote  I  desire  to  say  that  I  am  opposed  to  the  adop- 
tion of  this  resolution,  because  it  is  perfectly  useless,  and  will  do  no 
good.  Besides,  we  are  sent  here  to  form  a  Constitution  for  the  Scata 
of  Oklahoma,  and  we  ought  to  devote  ourselves  to  that  matter.  I  do 
not  think  that  we  should  ask  Congress  to  provide  means  for  changing 
the  Federal  Constitution  until  after  we  are  admitted  into  the  Union. 
When  we  are  admitted,  there  will  be  ample  time  for  action  along  this 
line  before  the  Federal  Constitution  will  ever  be  changed.  The  ob.^ui- 
cles  in  the  way  of  amendment  to  the  Federal  Constitution  are  such  that . 
the  change  is  hopeless  for  an  indefinite  time.  Besides,  I  am  opposed  to 
amendment  to  the  Federal  Constitution  in  the  language  of  the  resolution 
now  before  the  Convention.  I  do  not  think  that  the  States  ought  to 
confer  the  additional  power  which  this  resolution  would  confer  upon  the 
Congress  of  the  United  States.  We  must  understand  that  when  Con- 
gress is  authorized  to  legislate  upon  a  subject  concurrently  with  a 
State,  the  authority  of  Congress  soon  becomes  exclusive,  and  the  State 
will  be  driven  from  legislating  upon  the  subject  at  all.  The  Constitution 
of  the  United  States  declares  that  instrument,  and  the  Laws  of  Congress 
passed  in  pursuance  thereof,  are  the  Supreme  Laws  of  the  Land,  so  that 
if  Congress  should  legislate  upon  the  subject  of  Income  unrestricted  by 
any  other  language  than  that  obtained  in  this  resolution,  the  State 
would  be  powerless  to  legislate  upon  the  subject  of  Income,  and  the 
entire  power  and  jurisdiction  upon  the  subject  of  regulation  of  Income, 
and  the  levy  of  tax  thereon,  would  be  conferred  upon  the  Federal  Gov- 
ernment. I  am  unalterably  opposed  to  such  a  condition  of  affairs.  I 
think  the  States  should  reserve  to  themselves  the  full  measure  of  power 
on  this  subject,  and  that  we  ought  not  to  recommend  the  adoption  of 
an  amendment  to  the  Constitution  of  the  United  States,  which  would 
by  its  letter  and  construction  of  the  Federal  Courts,  so  greatly  enlarge 


134  JOURNAL   OF    CONSTITUTIONAL 

the  power  of  the  Federal  Government  upon  the  subject  of  so  much 
interest  to  the  people  of  the  State.  A  proper  amendment  could  be 
framed  so  as  to  protect  the  people  of  the  State  against  the  Federal 
encroachment,  but  I  am  unalterably  opposed  to  the  adoption  of  broadcast 
resolutions,  such  as  that  reported  by  the  committee.  Such  a  resolution 
would  give  the  Federal  Government  supremacy  upon  the  subject  and  the 
States  would  be  excluded  from  participating  in  the  levy  of  a  tax  upon 
Incomes,  or  the  regulation  of  Incomes  in  any  respect  whatever. 

Mr.  Hayes:      Will  Mr.  Ledbetter  permit  me  to  ask  him  a  question? 

Mr.   Ledbetter:      Yes,  sir. 

Mr.  Hayes:  You  say  that  such  an  amendment  would  give  the 
Federal  Government  exclusive  jurisdiction  over  the  particular  subjects. 
What  is  the  difference  between  that  and  a  case  where  a  State  and  a 
municipality  levy  taxes  upon   the  subject? 

Mr.  Ledbetter:  I  do  not  understand  there  is  any  difference.  The 
point  is  simply  this:  The  municipality  derives  its  power  to  legislate 
upon  a  subject  from  the  State;  the  State  has  the  supremacy  in  the 
matter  of  the  levy  of  taxes,  and  it  prescribes  the  rules  and  regulations 
to  govern  the  municipality.  As  the  law  now  stands  the  the  States  also 
have  the  supremacy  in  the  matter  of  the  levy  of  taxes  upon  Incomes, 
and  the  regulation  of  Incomes  as  against  the  Federal  Government,  and  I  do 
not  want  to  see  the  States  give  up  that  supremacy  and  confer  the 
enlarged  power  which  this  resolution  would  confer  upon  the  Federal 
Government,  unless  some  carefully  drawn  safeguard  be  imposed  so  as 
to  maintain  for  the  United  States  the  full  measure  of  power  upon  the 
subjects  of  the  taxing  and  the  regulation  of  Incomes.  What  I  desire  to 
see  done  is  that  the  State  maintain  her  supremacy  and  control  over 
these  subjects  and  not  surrender  them  to  the  Federal  Government  until 
the  rights  of  the  State,  in  the  premises,  are  carefully  safeguarded.  I 
think  we  ought  to  devote  ourselves  to  the  duty  of  writing  a  good  Con- 
stitution and  let  these  Federal  questions  come  up  for  consideration  at 
another  time.  I  am  opposed  to  the  resolution  in  its  present  form  and 
therefore  vote  against  it. 

Mr.  Roberts,  in  explanation  of  his  vote,  said:  Mr.  President:  In 
the  language  of  one  who  lived  long  ago,  "I  was  born  free,"  and  I  be- 
lieve, as  a  citizen  of  the  United  States,  that  I  have  a  right  to  express 
my  opinion  in  regard  to  what  should  be  the  Law  of  the  Land.  I  vote 
"aye." 

Mr.  Wyatt,  in  explanation  of  his  vote,  said:  Mr.  President:  I  vote 
for  this  proposition,  first,  because  I  believe  it  is  right  and  that  those 
who  have  great  wealth  that  produce  large  incomes  should  be  required  to 
bear  a  greater  part  of  the  burdens  of  government  than  those  who  are 
not  favorably  situated;  I  vote  for  it,  second,  because  the  Democratic 
party  stands  for  it;  and  third,  because  I  am  a  Democrat.     I  vote  "aye." 


CONVENTION    OF    OKLAHOMA.  135 

President  Murray,  in  explanation  of  his  vote,  said:  I  vote  "aye" 
and  in  so  doing,  I  do  not  admit  that  it  is  unconstitutional  at  present. 
Five  successive  decisions  of  the  Supreme  Court  of  the  United  States 
have  upheld  the  principles  of  the  Income  Tax;  at  another  time  it  was 
upheld  and  by  a  sudden  change  of  Justice  Shiras,  it  was  declared 
unconstitutional.  I  believe  today  it  is  unconstitutional  and  that  the  time 
will  come  when  a  General  Jackson  will  be  President  and  necessarily 
increase  the  number  of  Justices  to  fifteen  and  appoint  an  extra  six, 
who  will  be  Income  Tax  men  and  will  reverse  themselves,  and  hold  in 
line  with  a  former  long  line  of  decisions  in  this  country. 

The  report  of  the  committee  was  declared  adopted,  carrying  with  it 
Resolution  No.   31,  by  Mr.  Swarts,  as  follows: 
A    Resolution    Entitled,    A    Resolution    of    the    Constitutional    Convention 

of    the   State   of   Oklahoma   Recommending   An   Amendment   of   the 

Constitution  of  the  United  States. 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the  Consti- 
tution of  the  United  States  ought  to  be .  so  amended  as  to  permit  the 
regulation  and  levy  of  an  Income  Tax. 

Resolution  No.  35,  with  the  report  of  the  Committee  on  Federal 
Relations,  recommending  its  adoption,  was  taken  up;  said  resolution 
proposing  an  amendment  to  the  Constitution  of  the  United  States  per- 
mitting the  election  of  United  States  Senators  by  direct  vote  of  the 
people.  • 

On  motion  by  Mr.  Ellis,  to  adopt,  the  roll  was  demanded  and  the 
vote  thereon  resulted  as  follows: 

Ayes:  Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bilby,  Board, 
Buchanan,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cobb,  Cochran, 
Copeland,  Covey,  Curl,  Dalton,  Bearing,  Edley,  Edmoudson,  Ellis,  Fisher. 
Frye,  Gardner,  Hanraty,  Harned,  Harris,  Harrison  of  88,  Haskell, 
Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg, 
Hudson,  Houston,  Humphrey,  Hunt,  James,  Johnston,  Jones,  Kane, 
Kelly,  King,  Kornegay,  Latimer,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke, 
Littlejohn,  Littleton,  McCance,  Major,  Maxey,  Messenger,  Mitch,  Moore, 
Nelson,  Norton,  Newell,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Rob- 
erts, Rose,  Sandlin,  Safer,  Sorrells,  Stowe,  Swarts,  Tosh,  Tenor,  Tracy, 
Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of 
108,  Wills,  Wood  of  8,  Wood  of  89,  Wyatt  and  President  Murray. 
Total,   94. 

Nays:      Asp,  Cain,  Harris,  Hopkins,  Hudson  and  Jenkins.     Total,   6. 

Absentees:  Bowers,  Brewer,  Bryant,  Harrison  of  45,  Hughes, 
Langley,  Lasater,  IMcClain,  McClure,  Mathis,  Rogers,  Savage,  Wyly. 
Total,    13. 

Mr.  Asp,  in  explanation  of  his  vote,  said:  I  want  to  explain  my  vote. 
In  my  opinion,   this  Convention  should   devgte  its   time   to   the   framing 


136  JOURNAL   OF   CONSTITUTIONAL 

of  the  Constitution  for  the  State  of  Oklahoma,  and  I  think  that  these 
recommendations  to  Congress,  until  we  have  performed  that  duty,  are 
out  of  place.  That  is  the  reason  I  voted  "no"  on  the  preceding  resolu- 
tion and  I  vote  "no"  now. 

Mr.  Haskell,  in  explanation  of  his  vote,  said:  I  want  to  vote  "aye" 
and  explain  why.  In  the  first  place  I  am  emphatically  in  favor  of  the 
election  of  United  States  Senators  by  the  direct  vote  of  the  people.  In 
the  second  place,  this  body  represents  the  people  of  the  New  State  and 
whether  we  ever  get  Statehood  or  not,  or  whether  we  remain  a  Terri- 
tory, we  have  a  right  to  recommend  to  our  Congress  of  the  United 
States,  anything  that  the  people  of  the  State  desire  to  have  them  con- 
sider. 

Mr.  Hopkins,  in  explanation  of  his  vote,  said:  I  vote  "no"  on  this 
proposition  for  the  reason  that  I  am  opposed  to  it  on  general  prin- 
ciples, and  in  the  second  place,  because  I  expect  to  vote  "no"  on  every 
proposition  that  does  not  relate  to  the  making  of  the  Constitution  and 
for  the  fui'ther  reason  I  have  not  any  speeches  or  pledges  to  make 
good  to  the  folks  back  home,  and  T  wish  my  vote  so  recorded. 

Mr.  Johnston,  in  explanation  of  his  vote,  said:  I  wish  to  vote 
"aye,"  and  in  explanation  of  my  vote,  wish  to  state  that  I  believe  in 
the  doctrine;  I  believe  in  the  principle;  I  endorse  the  sentiment,  so  far 
as  the  main  proposition  is  concerned,  but  as  to  the  propriety  of  this 
Convention  r^ommending  anything  to  Congress  on  this  or  any  other 
subject,  I  still  entertain  the  same  doubt  as  I  did  toward  the  other  pro- 
vision, and  therefore  vote  that  it  will  not  be  transmitted  to  Congress. 
So  far  as  the  doctrine  is  concerned  I  am  certainly  with  the  motion  and 
vote  "aye." 

Mr.  Kane,  in  explanation  of  his  vote,  said:  I  want  to  say,  Mr. 
President,  I  pretend  to  know  the  duties  of  this  Convention;  if  I  did 
not  I  would  not  be  a  fit  Delegate  to  be  sent  here,  but  the  idea  embodied 
in  the  resolution  of  the  gentleman  from  Garfield  County  meets  with  my 
individual,  absolute  approval;  as  an  individual  man  I  vote  "aye,"  and 
as  a  Delegate  I  vote  "aye." 

Mr.  Kornegay,  in  explanation  of  his  vote,  said:  I  vote  "aye."  I 
believe  that  the  principle  is  a  good  one,  and  that  this  Convention  is 
directly  interested,  at  this  time  in  the  question. 

Mr.  Pittman,  in  explanation  of  his  vote,  said:  I  do  not  think  any- 
one would  ever  question  my  reason  for  voting  on  this  question  as  I  do; 
if  they  do,   I  will  explain  to  them,  and  1  vote  "aye." 

Mr.  Quai'les,  in  explanation  of  his  vote,  said:  Mr.  President,  I  vote 
"aye"   because  I   want  to. 

Mr.  Sandlin,  in  explanation  of  his  vote,  said:  I  was  elected  on  a 
Democratic   platform;    "aye." 

Mr.   Safer  said,   in  explanation   of  his  vote;      Mr.   President,   I   vote 


CONVENTION    OB'    OKLAHOMA.  137 

"aye"  because  this  Convention  is  the  representative  of  the  whole  people. 
I  therefore  believe  we  have  the  right  to  ask  that  the  Constitution  of 
the  United  States  be  so  amended  as  to  allow  of  the  election  of  United 
States  Senators  by  a  great  vote  of  the  people.  Therefore,  I  vote  "aye." 
Mr.  Wyatt,  in  explanation  of  his  vote,  said:  I  vote  "aye"  because 
I  never  miss  an  opportunity  to  express  myself  in  accordance  with  the 
opinion  which  this  resolution  represents. 

The  report  of  the  Committee  was  declared  adopted,  carrying  with 
it   Resolution   No.    35,   by   Swarts,    as    follows: 

A    Resolution    Entitled,    A    Resolution    of   the    Constitutional    Convention 
of  the  State  of  Oklahoma  to  the  Congress  of  the  United  States: 
Resolved,  That  it  is  the  sense  of  this  Convention  that  the  Constitu- 
tion of  the  United  States  ought  to  be  so  amended  as  to  permit  the  selec- 
tion  of  United  States  Senators  by   direct  vote  of  the   people. 

Resolution  No.  59  was  taken  up,  with  the  report  of  the  Committee 
on  Federal  Relations,  recommending  that  said  report  do  not  pass,  said 
resolution  proposing  an  Amendment  to  the  Constitution  of  the  United 
States,  providing  for  the  Recall  of  United  States  Senators,  introduced 
by  Mr.   Murray,  by  request. 

On  motion  of  Mr.   Johnston,   report   of  the  committee  was   adopted. 
The  Committee  on  Convention  Printing  made  report  and  filed  item- 
ized statement  of  the  account  for  the  printing  of  the  Convention  to  date. 
Mr.   Wood  of   8,   moved   the   adoption   of  the   report  of   the   commit- 
tee, which  motion  was  duly  seconded. 

Mr.  Hayes  moved  to  amend  the  pending  motion  by  referring  the 
statement  of  the  account  for  Convention  Printing  to  the  Committee  on 
Convention  Accounts  and  expenses. 

The  hour  of  noon  having  arrived,  Mr.  Pittman,  who  had  the  floor  on 
the   pending  motion,   resigned  for  recess. 

By  unanimous  consent,  Mr.  Haskell  introduced  the  following  resolu- 
tion: 

Whereas,  At  various  times  during  the  sessions  of  this  Convention 
statements  have  been  made  by  outside  parties,  through  the  press  and 
otherwise,  charging  that  corrupt  and  unlawful  means  were  being  used 
to  influence  the  action  of  the  Convention  on  various  matters  coming  before 
it;  and. 

Whereas,  It  is  the  sense  of  this  Convention  that  all  persons,  if 
any,  having  knowledge  of  the  use,  or  contemplated  use,  of  such  corrupt 
means,  should  be  required  to  testify  and  give  evidence,  if  any  they  have, 
concerning  the  same,  and  that  all  persons  making  such  statements  or 
learning  in  any  way  of  corrupt  means  or  influences  being  employed 
to  influence  the  actions  of  this  Convention,  or  any  Committee  or  mem- 
ber thereof,  should  have  opportunity  to  prove  the  same;   therefore. 

Be  it  resolved,  That  the  Committee  on  Rules  of  this  Convention  is 


138  JOURNAL   OF   CONSTITUTIONAL 

hereby  authorized  to  investigate  such  statements  or  charges  and  is  hereby 
created  a  proper  tribunal,  before  whom  persons  making  such  statements 
or  charges  may  appear  and  produce  what  evidence  they  have,  if  any, 
of  the  same  and  that  such  committee  have  full  power  to  call  before  it 
witnesses  having  knowledge,  either  directly  or  indirectly,  concerning  such 
statements  or  charges,  and  examine  the  same,  and  that  such  committee 
report  to  this  Convention  its  findings  with  reference  to  any  such  state- 
ments or  charges,  and  a  copy  of  the  testimony  taken  in  such  investiga- 
tion. 

Mr.  Haskell  moved  the  adoption  of  the  report,  which  was  duly  sec- 
onded. 

Mr.  McCauce  moved  the  previous  question,  which  motion  prevailed. 

The  vote  recurred  on  the  previous  question,  being  to  adopt  the  res- 
olution  of   Mr.    Haskell    and  the  motion  prevailed. 

The  Convention  took  recess  until  2  p.  m. 

Afternoon  Session,   Friday,  January  4,   1907 — 2   P.   M. 

In  the  further  consideration  of  the  report  of  the  Committee  on 
Convention   Printing,   Mr.    Pittman   resumed    his   argument. 

Mr.  Johnston  moved  the  previous  question,  which  was  on  the  amend- 
ment to  refer  that  portion  of  the  report  constituting  the  itemized  state- 
ment to  the  Committee  on  Convention  Accounts  and  Expenses.  Motion 
was  duly  seconded  and  prevailed. 

Mr.  Hayes  moved,  as  a  substitute  to  the  original  motion  to  adopt, 
that  the  report  be  made  a  Special  Order  for  Saturday,  January  5th. 
Motion   was   duly   seconded   and   prevailed. 

Resolution  No.  2  3  was  taken  up,  on  motion  to  adopt,  and  Mr. 
Hayes  moved  to  lay  the  motion  on  the  table,  which  was  duly  seconded 
and   prevailed. 

Resolution  No.  39  was  taken  up  on  the  original  motion  to  adopt, 
and  on  motion  of  Mr.   Henshaw,  was  laid  on  the  table. 

Resolution  No.  40  was  taken  up  and  on  motion  of  Mr.  Johnston, 
referred    to    the    Committee    on    Rules. 

On  motion  of  Mr.  Hayes,  the  Convention  resolved  itself  into  the 
Committee  of  the  Whole  for  the  further  consideration  of  Committee 
Reports  Nos.   4,   5   and   6,  with  Mr.,  Johnston  in  the  chair. 

After  consideration  of  the  matter  referred  to,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  John- 
ston, as  Chairman  of  the  Committee  of  the  Whole,  made  the  following 
report: 

Mr.  President:  We,  your  Committed  of  the  Whole  Convention,  to 
whom  were  referred  Committee  Reports  Nos.  4,  5  and  6,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  4,  being 
a   report  of  the   Committee  on   Preamble   and   Bill   of   Rights,   and   that 


CONVENTION    OF   OKLAHOMA.  139 

upon  said  matter  referred  to  us,  we  have  made  progress  and  aak  leave 
to  sit   again. 

HENRY    S.    JOHNSTON,    Chairman. 

On    motion    the   report    was    adopted. 

The  Convention  adjourned  until  10  a.  m.,  Saturday,  January  5, 
1907. 

Morning   Session,    Saturday,    January    5,    1907 — 10    A.    M. 

The    Convention    met   pursuant    to    adjournment. 

Roll  called;  all  members  present  except  Messrs.  Bowers,  Brewer, 
Bryant,  Harrison  of  4  5,  Hill,  Hudson,  Kane,  Langley,  McClain,  McClure, 
Rogers,  Savage  and  Wyly,  all  of  whom  had  been  excused  by  the  Con- 
vention from  attending  the  sessions  of  the  week,  except  Mr.  Hill,  who 
was  excused  from  attending  the  day's  session  on  account  of  sickness. 

Mr.  Hanraty  introduced,  by  request.  Petition  No.  94,  being  a  peti- 
tion from  citizens  of  South  McAlester  relating  to  Prohibition,  which 
was  referred  to  the  Committee  on  Liquor  Traffic. 

Mr,   King,  Vice-Chairman   of   the   Committee   on   Rules   and   Proced- 
ure,  made  report  as  follows: 
To  the  Constitutional  Convention  of  the  Proposed  State  of  Oklahoma: 

Your  Committee  on  Rules  respectfully  reports  that  in  obedience  to 
Resolution  No.  60,  adopted  by  the  Convention  on  the  4th  day  of  January, 
190  7,  constituting  this  committee  "a  proper  tribunal  before  whom  charges 
involving  the  honor  and  integrity  of  the  Convention,  or  any  of  its 
members,  may  be  made  and  investigated,"  have  organized  for  the  pur- 
pose of  performing  the  duty  assigned  to  it  by  said  resolution,  and  have 
adopted  a  procedure  for  the  investigation  of  any  and  all  charges  or 
statements  involving,  or  reflecting  upon  the  integrity  or  honor  of  the 
Convention,  or  any  of  its  members,  and  will  be  in  continuous  sessions 
at  all  times  for  the  purpose  of  receiving  from  the  Convention,  any  of  its 
members,  or  from  any  person  whomsoever,  such  charges,  and  fully 
investigate  and  determine  the  same. 

Respectfully  submitted, 

J.    F.   KING,   Vice-Chairman. 

On  motion  of  Mr.  Henshaw  the  report  was  adopted. 

Report  of  the  Committee  on  Convention  Printing,  being  a  Special 
Order  for  the  session,  was  taken  up  for  further  consideration. 

Mr.  Bearing  moved  that  the  report  be  referred  to  the  Committee  on 
Convention  Accounts  and  Expenses,  which  was  duly  seconded. 

Mr.  Caudill  moved  the  previous  question,  and  the  question  being 
Shall  the  main  question  be  now  put?  it  was  decided  in  the  affirmative. 

The  vote  recurred  on  the  previous  question,  being  to  refer  the 
report  to  the  Committee  on  Convention  Accounts  and  Expenses,  and  the 
motion  was  lost. 


140  JOURNAL    OF    CONSTITUTIONAL 

The  report  of  the  Committee  on  Convention  Printing  was  declared 
by  the  President,  to  be  before  the  House  for  consideration. 

Mr.  Henshaw  moved  to  re-commit  the  report  to  the  Committee  on 
Convention    Piinting. 

Mr.  Hayes  moved  to  amend  by  instructing  both  the  Committee 
ou  Convention  Printing  and  the  Committee  on  Convention  Accounts 
aiuJ  Expenses  to  report  on  Monday,  January  7,  1907;  amendment  carried 
and  the  original  motion  prevailed. 

By  unanimous  consent.  President  Murray  introduced  Constitutional 
Proposition  No.  37  9,  being  a  proposition  relating  to  the  Regulation  and 
Practice  of  Medicine  and  to  Prevent  Discrimination  Between  Medical 
Schools,  and  for  Other  Purposes,  which  was  read,  read  a  second  time 
by  title  and  referred  to  the  Committee  on  Public  Health  and  Sanita- 
tion. 

Mr.  Caudill  introduced,  by  unanimous  consent,  Constitutional  Prop- 
osition No.  380,  being  a  proposition  relating  to  Bonds  of  Officers,  Sup- 
pression of  Violence,  and  Lotteries,  which  was  read,  read  a  second  time 
by   title   and   referred   to   the   Committee   on    General    Provisions. 

A  letter  was  read  from  Hon.  John  H.  Stephens,  of  Texas,  in  which 
he  thanked  the  Convention  for  naming  a  county  in  the  New  State  for 
him,  and  made  important  suggestions  touching  the  framing  of  the  Con- 
stitution. 

On  motion  of  Mr.  Hayes,  the  Convention  resolved  itself  into  a 
Committee  of  the  Whole,  for  the  further  consideration  of  Committee 
Reports  Nos.  4,  5  and  6,  with  Mr.  Johnston  in  the  chaii\ 

After  consideration  of  the  matters  referred  to  it,  and  the  noon  hoar 
having  arrived,  the  Committee  of  the  Whole  rose.  President  Murray 
resumed  the  chair,  and  Mr.  Johnston  as  chairman  of  the  Committee  of 
the  Whole,   made  the   following- report: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  was  referred  Committee  Reports  Nos.  4,  .5  and  6,  beg  to  report 
that -we  have  had  under  consideration  Committee  Report  No.  4,  being  a 
report  of  Committee  on  Preamble  and  Bill  of  Rights,  and  that  upon 
said  matter  referred  to  us  we  have  made  progress  and  ask  leave  to  sit 

again. 

HENRY  S.    JOHNSTON,   Chairman. 

On  motion  the  report  of  the  Committee  of  the  Whole  was  adopted. 

The  President  announced  that  Constitutional  Pi'oposition  No.  325, 
by  Mr.  Leahy,  relating  to  Appointment  of  a  Segregated  Coal  Lands  Com- 
mission and  Defining  Its  Duties,  was  erroneously  referred  to  the  Com- 
mittee  on   Coal,    Gas   and   Timber   Lands. 

Mr.  Henshaw  introduced  Resolution  No.  61  and  moved  its  adoption, 
said  resolution  being  as  follows: 


CONVRNTION    OF   OKf.AHOMA.  lU 

Whereas,  Ex-Governor  Alva  Adams,  of  Colorado,  will  be  in  the  City 
of   Guthrie   on   Tuesday,    the    8th   day    of   January,    and. 

Whereas,  The  great  labor  troubles  that  have  occurred  in  that  state 
and  the  laws  thereof  are  familiar  to  Mr.  Adams;   therefore. 

Be  it  resolved.  That  this  Convention  invite  Ex-Governor  Adams  to 
address  the  Convention  at  7:30  p.  m.,  on  Tuesday,  January  8,  1907,  on 
the  deficiencies  of  the  laws  of  Colorado,  and  such  other  subjects  as  he 
may   desire  to   discuss. 

Resolution  was  adopted. 

On  motion  of  Mr.  Haskell,  the  Convention  adjourned  until  10  a.  m., 
Monday,   January  7,   1907. 

Morning    Session,    Monday,    January    7,    1907 — 10    A.    M. 

Convention  met  pui'suant  to  adjournment. 

Roll  was  called  and  all  members  present,  except  Messrs.  Harrison 
of  4  5,   Helton,   Hudson,  Kane,   McClure  and  Maxey. 

The  resignation  of  J.  H.  Miller,  as  usher,  was  received  and  accepted, 
and  the  President  announced  the  appointment  of  Porter  Spaulding  to 
succeed  him.      On  motion   of  Mr.   Jones  the  appointment  was  confirmed. 

A  Communication  from  the  State  Teachers'  Association  was  read, 
certifying  its  accredited  representatives,  Messrs.  R.  E.  Waller,  Chairman 
E.  E.  Halcomb  and  Superintendent  Evans,  of  Ardmore,  who  desire  to 
appear   before   the   Committee   on    Education. 

Mr.  Hendricks  presented,  by  request.  Petition  No.  9  5,  being  a  peti- 
tion from  the  citizens  of  Deer  Creek,  relating  to  State-wide  Prohibition, 
which  was  referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Littlejohn  presented,  by  request.  Petition  No.  96,  from  Sequoyah 
County  Union  No.  3,  asking  for  an  Equal  Distribution  of  the  School 
Funds,  which  was  referred  to  the  Committee  on  Education. 

Mr.  Roberts  presented,  by  request.  Petition  No.  97,  from  citizens 
of  Blue  Jacket,  asking  for  State-wide  Prohibition,  which  was  referred  to 
the  Committee  on  Liquor  Traffic. 

Mr.  McCance  introduced  Resolution  No.  62,  as  follows: 

Mr.  President:  I  respectfully  move  that  this  Convention  do  here- 
after convene  at  9  a.  m.,  in  lieu  of  the  present  regular  hour. 

The  resolution  having  provoked  debate,  went  over  under  the  rules, 
for  one  day. 

Mr.  Rose,  Chairman  of  the  Committee  on  Preamble  and  Bill  of 
Rights,  filed  reports  on  Sections  15  and  27,  which  had  been  re-referred 
by  the  Committee  of  the  WHiole.  The  report  was  read  and  ordered 
printed. 

Mr.  Chambers,  Chairman  of  Special  Committee  on  Segregated  Coal 
and  Asphalt  Lands,  submitted  report,  which  was  read  and  ordered 
printed. 


142  JOURNAL    OF    CONSTITUTIONAL 

Mr.  Tenor,  Chairman  of  the  Committee  on  Convention  Accounts  and 
Expenses,  filed  report,  which  was  read. 

Mr.  Henshaw  moved  the  adoption  of  the  report,  which  motion  was 
duly  seconded. 

Mr.  Henshaw  moved  the  previous  question,  the  question  bein^ 
Shall  the  main  question  be  now  put? 

Roll  call  was  demanded  by  Messrs.  Kornegay,  Weaver,  Caudill  and 
Baker,   and   the  vote   resulted   as   follows: 

Ayes:  Allen,  Berry,  Bilby,  Board,  Bowers,  Brewer,  Bryant,  Carney, 
Carr,  Cobb,  Dalton,  Bearing,  Gardner,  Hanraty,  Harrison  of  88,  Hayes, 
Henshaw,  Hill,  James,  Johnston,  Jones,  Kelly,  Lasater,  Leahy,  Lee, 
Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  Major,  Mathis,  Mes- 
senger, Mitch,  Moore,  Nelson,  Newell,  Norton,  Parker,  Pittman,  Ramsey, 
Rice,  Roberts,  Rogers,  Sandlin,  Safer,  Savage,  Tosh,  Tenor,  Tucker,  Turner, 
Williams  of  3,  Williams  of  97,  Wood  of  8,  Wood  of  89.     Total,  55. 

Nays:  Akers,  Alderson,  Asp,  Baker,  Buchanan,  Cain,  Caudill, 
Chambers,  Cochran,  Copeland,  Covey,  Curl,  Edley,  Edmondson,  Ellis, 
Frye,  Graham,  Harned,  Harris,  Haskell,  Hausam,  Hendricks,  Hopkins, 
Houston,  Hughes,  Humphrey,  Hunt,  King,  Kornegay,  Langley,  Latimer, 
McCance,  McClain,  Quarles,  Rose,  Sorrels,  Stowe,  Swarts,  Weaver,  Wil- 
liams of  108,  Willis,  Wyatt,  Wyly.     Total,  43. 

Absent:  Banks,  Cloud,  Fisher,  Harrison  of  45,  Helton,  Herring, 
Hogg,  Hudson,  Jenkins,  McClure,  Maxey  and  Tracy. 

President  Murray  being  present  and  not  voting,  made  the  following 
statement: 

Gentlemen,  this  is  merely  a  parliamentary  question  and  I  do  not 
consider  it  necessary  that  the  President  vote. 

Total  absent  and  not  voting,   14. 

The  motion,  requiring  a  two-thirds  majority,  was  declared  lost. 

The  question  recurring  on  the  motion  to  adopt,  Mr.  Weaver  moved 
to  amend  by  requesting  that  Mr.  Niblack  explain  the  charge  made  for 
leather-bound  rule  books,  and  the  manner  of  measurement  of  compo- 
sition. 

Mr.  Rose  moved  as  a  substitute  for  all  pending  motions,  that  the 
report  of  the  Committee  on  Convention  Accounts  and  Expenses  be  re- 
referred  to  that  committee,  with  instructions  that  the  committee  inves- 
tigate the  legality  and  accuracy  of  the  charge  for  printing  made  by  the 
Leader  (Printing)  Company,  and  that  said  committee  audit  said  account 
and  report  to  this  Convention  its  recommendations  as  to  the  proper  and 
legal  charge  that  should  be  made  for  said  printing. 

Mr.  Leahy  moved,  as  a  substitute  for  the  substitute  motion  of  Mr. 
Rose,  that  further  consideration  of  the  printing  account  be  postponed 
until  after  the  printing  contract  is  approved;  that  the  said  account  be 
re-referred  to  the  Committee  on  Convention  Accounts  and  Expenses,  with 


CONVENTION    OF   OKI.AHOMA.  143 

instructions  to  audit  said  account  in  accordance  witli  the  terms  of  said 
contract.      The  motion   prevailed. 

Mr.   Kornegay  introduced   the   following   resolution,    No.    63: 

I  move  that  the  committee  having  in  charge  the  securing  of  bids  for 
Convention  printing,  be  directed  to  open  all  bids  and  report  to  this  Con- 
vention all   bids. 

Mr.  Sandlin  moved  to  amend  by  inserting,  following  the  word 
"bids,"  the  words  "of  union  shops." 

At  the  noon  hour,  Mr.  Henshaw,  who  had  the  floor  in  the  discus- 
sion, yielded  for  recess. 

Mr.  Edley  moved  that  when  the  Convention  do  adjourn,  the  ad- 
journment be  until   2  p.   m.      Motion  was  lost. 

Convention  adjourned   until   10   a.   m.,   Tuesday,   January   8,    1907. 

Morning  Session,  Tuesday,  January  8,   1907 — 10  A.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  was  called  and  all  members  were  present,  except  Messrs.  Akers, 
Caudill,  Harrison  of  45,  Hendricks,  Hudson,  Jenkins,  Kane,  McCance, 
McClure,  Sater  and  Stowe. 

Messrs.  Akers,  Caudill,  Hendricks  and  McCance  were  excused  for 
the  day  to  visit  the  Agricultural  and  Mechanical  College  at  Stillwater,  on 
motion  of  Mr.  Leahy. 

Mr.  Harrison  of  4  5  was  excused  on  account  of  sickness. 

Mr.  Brewer  presented,  by  request,  Petition  No.  98,  being  a  memorial 
to  Congress,  as  follows: 
Memorial  to  the  President  of  the  United  States  and  to  the  Senate  and 

House  of  Representatives,  in  Congress  Assembled: 

We,  the  representative  Delegates  of  the  people  of  Oklahoma  and 
Indian  Territory,  in  a  Constitutional  Convention  assembled,  respectfully 
request  that  the  restrictions  imposed  upon  the  sale  and  lease  of  lands 
allotted  to  and  held  by  citizens  of  the  United  States,  in  the  proposed 
State  of  Oklahoma,  whether  of  Indian  blood  or  not,  full-blood  homesteads 
excepted,  be  removed  without  delay  as  a  necessary  means  for  the  devel- 
opment of  our  State  and  the  development  and  welfare  of  our  citizens  of 
Indian  blood. 

On   motion  of   Mr.   Ledbetter,   the   resolution   was   adopted. 

Mr.  Cloud  presented,  by  request.  Petition  No.  99,  being  a  petition 
from  the  citizens  of  Chandler,  Oklahoma,  bearing  210  names,  asking  for 
State-wide  Prohibition,  which  was  referred  to  the  Committee  on  Liquor 
Traffic. 

Mr.  Herring  presented,  by  request,  Petition  No.  100,  being  a  petition 
of  88  citizens  of  Berlin,  Oklahoma,  for  State-wide  Prohibition,  which  was 
referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Roberts  presented,  by  request,  Petition  No.  101,  being  a  petition 


144  JOURNAL   OF    CONSTITUTIONAL 

of  1S8  citizens  of  Olustee  and  Hedrick,  for  State-wide  Prohibition,  wliich 
was  referred  to  ttie  Committee  on  Liquor  Traffic. 

Mr.  Pittman  presented,  by  request,  Petition  No.  102,  being  a  petition 
of  227  citizens  of  Garfield  County,  for  State-wide  Prohibition,  which  was 
referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Buchanan  presented,  by  request,  Petition  No.  10  3,  being  a  peti- 
tion from  the  citizens  of  Cleveland  County,  relating  to  Woman  Suffrage, 
which  was  referred  to  the  Committee  on  Suffrage. 

Mr.  Ledbetter  introduced  Resolution  No.  64,  and  moved  its  adoption, 
said  resolution  being  as  follows: 

RESOLUTION. 

Whereas,  The  Delegates  elected  by  the  people  of  New  Mexico  to 
the  proposed  joint  Constitutional  Convention  of  New  Mexico  and  Arizona, 
did,  on  January  7,  1907,  convene  and  assemble  at  Santa  Fe,  New 
Mexico,  with  a  view  to  its  submission  to  Congress  with  a  demand  for  the 
immediate  admission  of  New    Mexico  as   a  State  of  the  Union. 

Whereas,  I'he  people  of  Oklahoma  earnestly  sympathize  with  the 
desire  of  the  people  of  New  Mexico  tor  independent  Statehood;  there- 
fore. 

Be  it  resolved.  We  congratulate  the  Delegates  elected  by  the  peo- 
ple of  New  Mexico  upon  their  determination  to  draft  a  Constitution 
for  the  State  of  New  Mexico  and  hereby  tender  them  our  cordial  sym- 
pathy. 

We  believe  that  New  Mexico  is  entitled  to  Statehood  as  of  right; 
that  the  denial  of  Statehood  to  the  people  of  New  Mexico  is  a  serious 
wrong. 

We  believe  that  the  denial  of  Statehood  to  New  Mexico  would  be 
an  injury,  not  only  to  the  great  West  but  to  the  Union  itself. 

That  the  President  telegraph  the  greetings  of  this  Convention,  to 
the  New  Mexico  Constitutional  Convention. 

The  resolution  was  unanimously  adopted. 

Mr.  McClain  introduced  Constitutional  Proposition  No.  381,  being 
a  proposition  relating  to  Creating  An  Insurance  Commission,  which 
was  read  by  title  and  referred  to  the  Committee  on  Insurance. 

Mr.  Savage  introduced  Constitutional  Proposition  No.  38  2,  being 
a  proposition  to  Provide  for  the  Protection  of  the  Individual,  which 
was  read  by  title  and  referred  to  the  Committee  on  Preamble  and  Bill 
of  Rights. 

Mr.  Mitch  introduced  Constitutional  Proposition  No.  383,  being  a 
proposition  to  Prohibit  School  or  Public  Funds  from  Being  Used  for 
Support  of  Sectarian  Schools,  which  was  read  by  title  and  referred  to 
the   Committee   on   Education. 

Mr.   Hanraty   introduced   Constitutional    Proposition   No.    384,   being 


CONVENTION   OF   OKLAHOMA.  145 

a  proposition  relating  to  Mines  and  Mining,  which  was  read  by  title 
and  referred  to  the  Committee  on  Mines  and  Mining. 

Mr.  Frye  introduced  Constitutional  Proposition  No.  3 So,  being  a 
proposition  relating  to  Territory  Adjacent  to  Platted  Cities  and  Towns, 
and  Providing  How  Such  Territory  May  Be  Detached,  which  was  read 
by  title  and   referred  to   the  Committee  on   General  Provisions. 

Mr.  Ellis  introduced  Constitutional  Proposition  No.  386,  being  a 
proposition  to  Provide  the  Means  of  Regulating  Ownership  of  Land  by 
Subjects  of  Foreign  Governments,  which  was  read  by  title  and  referred 
to   the   Committee   on   Agriculture. 

Mr.  Roberts  introduced  Constitutional  Proposition  No.  387,  being 
a  proposition  relating  to  Liquor  Traffic,  which  was  read  by  title  and 
referred   to  the  Committee  on  Liquor  Traffic. 

Mr.  Hughes  introduced  Constitutional  Proposition  No.  388,  being 
a  preposition  to  Provide  for  Regulating  the  Employment  of  Children, 
Houis  of  I-abor,  and  for  Other  Purposes,  which  was  read  by  title  and 
referred  to  the  Committee  on  Judiciary  and  Judicial  Department,  with 
instructions  to  consider  and  re-refer  to  the  Committee  on  Labor  and 
Arbitration. 

Mr.  Mitch  introduced  Constitutional  Pi'oposition  No.  389,  being  a 
proposition  relating  to  Protection  of  Game,  Fish  and  Birds,  which  was 
read  by  title  and  referred  to  the  Committee  on  General  Provisions. 

Mr.  Mitch  introduced  Constitutional  Proposition  No.  390,  being 
a  proposition  for  the  Establishment  of  a  School  for  Deaf,  Dumb  and 
Blind,  which  was  read  by  title  and  referred  to  the  Commfttee  on  Public 
Institutions  and  State  Buildings. 

Mr.  Copeland  introduced  Constitutional  Proposition  No.  391,  being 
a  proposition  relating  to  Marriages,  which  was  read  by  title  and  referred 
to   the   Committee   on   General   Provisions. 

Mr.  Humphrey  introduced,  by  request.  Constitutional  Proposition 
No.  392,  being  a  proposition  to  Provide  for  State  and  County  Engineers, 
which  was  read  by  title  and  referred  to  the  Committee  on  General 
Provisions. 

Mr.  Williams  of  108,  Chairman  of  the  Committee  on  Railroads  and 
Public  Service  Corporations,  filed  Report  No.  10,  being  a  proposition  to 
Embody  the  Fellow  Servants  Provisions  in  the  Constitution,  which  was 
referred  to  the  Committee  of  the  Whole,  and   ordered   printed. 

Mr.  Williams  of  108,  Chairman  of  the  Committee  on  Railroads  and 
Public  Service  Corporations,  filed  Report  No.  11,  being  a  proposition 
Prescribing  the  Rate  of  Railway  Passenger  Fare,  which  was  referred  to 
the  Committee  of  the  Whole,  and  on  motion  of  Mr.  Johnston,  was 
specially  referred  to  the  Committee  on  Rules  for  order,  advancing  on 
the  Calendar  to   follow   Committee   Report  No.   5. 


146  JOURNAL    OF    CONSTITUTIONAL 

On  motion  of  Mr.  Johnston,  the  motion  to  reconsider  the  vote 
adopting  Ordinance  No.    1,   was  taken   up. 

Mr.  Bilby  moved  the  previous  question,  which  motion  was  seconded,  the 
question  being,  Shall  the  main  question  be  now  put?  which  was  decided 
in  the  affirmative.  The  motion  to  reconsider  the  vote  adopting  Ordi- 
nance No.  1,  being  now  before  the  house,  roll  call  was  demanded  by 
Messrs.   Johnston,   Bearing  and  Bilby,  and  the  vote  resulted  as  follows: 

Ayes:  Allen,  Alderson,  Board,  Bowers,  Curl,  Gardner,  Harrison  of 
88,  Haskell,  Hausam,  Hayes,  Hopkins,  James,  King,  Lasater,  Latimer, 
Ledbetter,  Lee,  Littlejohn,  Moore,  Quarles,  Ramsey,  Roberts,  Sorrells, 
Swarts.      Total,    24. 

Nays:  Asp,  Baker,  Banks,  Berry,  Bilby,  Brewer,  Bryant,  Buchan- 
an, Cain,  Carney,  Carr,  Cloud,  Cobb,  Cochran,  Copeland,  Covey,  Dalton, 
Bearing,  Edmondson,  Ellis,  Graham,  Harned,  Harris,  Henshaw,  Herring, 
Hill,  Hogg,  Houston,  Hughes.  Humphrey,  Hunt,  Johnston,  Jones,  Kelly, 
Kornegay,  Langley,  Leahy,  Leeper,  Liedtke,  Littleton,  McClain,  Major, 
Mathis,  Mitch,  Nelson,  Newell,  Norton,  Parker,  Pittman,  Rice,  Rose, 
Sandlin,  Savage,  Tosh,  Tenor,  Tracy,  Tucker,  Weaver,  Williams  of  3,  Wil- 
liams of  97,   Wills,    Wood  of  8,  Wood  of  89r  Wyatt,  Wyly.      Total,   65. 

Absent:  Akers,  Caudill,  Chambers,  Edley,  Fisher,  Frye,  Hanraty, 
Harrison  of  45,  Helton,  Hendricks,  Hudson,  Jenkins,  Kane,  McCance, 
McClure,  Maxey,  Messenger,  Rogers,  Safer,  Stowe,  Turner,  Williams  of 
108;  President  Murray  present  and  not  voting.  Total  absent  and  not 
voting,    23. 

The  motion   to   reconsider   was  lost. 

On  motion  of  Mr.  Williams  of  3,  the  Convention  went  into  the 
Committee  of  the  Whole,  for  the  further  consideration  of  Committee 
Reports  Nos.  4,  5  and  6,  with  Mr.  Johnston  in  the  chair. 

It  being  the  hour  for  the  noon  recess,  the  Committee  of  the  Whole 
rose.  President  Murray  resumed  the  chair,  and  Mr.  Johnston,  as  Chair- 
man of  the  Committee  of   the  Whole,   made   the  following   report: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  was  referred  Committee  Reports  Nos.  4,  5  and  6,  beg  to  report 
that  they  have  had  under  consideration  Committee  Report  No.  4,  and 
that  thereon  they  have  made  progress  and  ask  leave  to  sit  again. 

HENRY  S.   JOHNSTON,    Chairman. 

On  motion  of  Mr.   Ellis,  the  report  was  adopted. 

The  President  appointed  Messrs.  Henshaw,  Curl  and  King,  a  com- 
mittee to  notify  Ex-Governor  Alva  Adams  that  he  was  expected  to 
address  the  Convention  at  7:30  this  evening. 

Mr.  Haskell  moved  to  adjourn  until  7:30  p.  m. 

Mr.  Baker  moved  to  amend  by  making  adjournment  until  2:30  p 
m.,  which  motion  was  lost. 


CONVENTION    OF   OKLAHOMA.  147 

The  original  motion  prevailed,  and  the  Convention  adjourned  until 
7:30  p.  m. 

Evening   Session,    Tuesday,   January   8,    1907 — 7:30   P.   M. 

Convention   met   pursuant   to   adjournment.      Roll    call   was   omitted. 

Mr.  King,  Vice-Chairman  of  the  Committee  on  Rules  and  Pro 
cedure,    made    report    as    follows: 

To  the  Constitutional  Convention:  We,  your  Committee  on  Rules, 
to  whom  was  referred  the  Committee  Report  of  the  Committee  on  Rail- 
roads and  Public  Service  Corporations,  on  Proposition  No.  2  81,  entitled, 
A  Proposition  Prescribing  the  Rate  of  Railway  Passenger  Fare,  thr^ 
same  being  Committee  Report  No.  11,  and  report  the  same  back  with 
recommendation  that  the  same  be  and  is  hereby  subject  to  rule  advanc- 
ing the  same  upon  the  Calendar,  under  General  Orders,  immediately 
following  Committee  Report  No.  5,  of  the  Legislative  Department  on 
Initiative   and   Referendum.  J.    F.    KING,    Vice-Chairman. 

On  motion  of   Mr.   Ellis,  the  report  was  adopted. 

Honorable  Alva  Adams,  Ex-Governor  of  Colorado,  being  present  on 
invitation  of  the  Convention,  was  introduced  by  Mr.  Mitch,  and  ad- 
dressed the  Convention  on  Woman   Suffrage. 

Mr.  Mitch  moved  that  a  vote  of  thanks  be  extended  Governor 
Adams,  seconded  by  Mr.  Johnston,  with  the  suggestion  that  it  be  by 
a  rising  vote. 

Honorable  Robert  L.  Owen,  of  Muskogee,  being  present,  was  called 
for   and   also   addressed    the   Convention    on   Woman   Suffrage. 

Miss  Clay,  of  Kentucky,  was  called  for  and  addressed  the  Conven- 
tion on  the  same  subject. 

On  motion  of  Mr.  Pittman,  a  vote  of  thanks  was  extended  to  Mr. 
Owen   and   Miss   Clay    for  their  addresses   to   the   Convention. 

On  motion  of  Mr.  Henshaw,  the  Convention  adjourned  until  10  a. 
m.,   January  9,   1907. 

Moniing  Session,   Wednesday,   January  9,    1907 — 10   A.   >I. 

Convention  met  pursuant  to  adjournment. 

Roll  was  called  and  all  members  present,  except  Messrs.  Edley, 
Harrison    of    45,    and    Kane. 

Messrs.  Edley  and  Harrison  of  45j  were  excused  on  account  of 
sickness. 

On  account  of  the  illness  of  Mr.  Harrison  of  4  5,  and  his  not  being 
able  to  meet  with  the  Committee  on  Crimes  and  Misdemeanors,  as  its 
chairman,  the  President  appointed  Mr.  Ellis  chairman  pro-tempore  of 
that  committee,   and   the  appointment  was  confirmed. 

Mr.  Buchanan  presented  Petition  No.  104,  being  a  petition  relating 
to  Compulsory  Education,  which  was  referred  to  the  Committee  on 
Education. 

Mr.    Buchanan    presented,    by    request,    Petition    No.    105,    being    a 


148  JOURNAL    OF    CONSTITUTIONAL 

petition  from  the  Woman's  Clubs  of  Norman,  relating  to  Forestry,  which 
was  referred  to  the  Committee  on  General  Provisions. 

Mr.  Buchanan  presented,  by  request,  Petition  No.  106,  being  a 
petition  from  the  Woman's  Clubs  of  Norman,  relating  to  Legislation  on 
Child  Labor,  which  was  referred  to  the  Committee  on  General  Pro- 
visions. 

Mr.  Liedtke  presented,  by  request,  Petition  No.  107,  being  a  peti- 
tion from  70  Creek  citizens,  praying  for  State-wide  Prohibition,  which 
was  referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Safer  presented,  by  request.  Petition  No.  108,  being  a  petition 
with  97  signatures  from  Stillwater,  praying  for  State-wide  Prohibition, 
which  was  referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Roberts  presented,  by  request.  Petition  No.  109,  being  a  peti- 
tion from  56  voters  of  Pryor  Creek,  praying  for  State-wide  Prohibition, 
which  was  referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Roberts  presented  Petition  No.  110,  being  a  petition  from 
Wynnewood,  praying  for  State-wide  Prohibition,  which  was  referred  to 
the   Committee  on   Liquor   Traffic. 

Mr.  Roberts  presented,  by  request.  Petition  No.  Ill,  being  a  peti- 
tion with  28  signatures  from  McAlester,  praying  for  State-wide  Prohi- 
bition, which  was  referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Newell  presented,  by  request,  Petition  No.  112,  being  a  peti- 
tion with  116  signatures  from  Gushing,  praying  for  State-wide  Prohi- 
bition, which  was  referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Lee  presented,  by  request,  Petition  No.  113,  being  a  petition 
with  32  voters  of  Antlers,  praying  for  State-wide  Prohibition,  which  was 
referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  McCance  presented,  by  request,  Petition  No.  114,  being  a  peti- 
tion with  78  signatures,  from  Gage,  Oklahoma,  for  State-wide  Prohibi- 
tion, which  was  referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Rice  presented,  by  request.  Petition  No.  115,  being  a  petition 
with  30  signatures  from  Watonga  praying  for  State-wide  Prohibition, 
which    was    referred   to    the    Committee   on    Liquor    Traffic. 

Mr.  Chambers  presented,  by  request,  Petition  No.  116,  being  a 
petition  of  citizens  of  Lewis,  I.  T.,  requesting  that  said  town  be  con- 
sidered as  a  candidate  for  County  Seat  of  Atoka  County,  which  was 
referred  to  the  Committee  on  Counties  and   County  Boundaries. 

Mr.  Fisher  presented,  by  request,  Petition  No.  117,  being  a  peti- 
tion of  the  officers  of  the  Baptist  Association  of  Caddo  County,  relating 
to  Prohibition,  which  was  referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Wood  of  89,  presented,  by  request.  Petition  No.  118,  being  a 
petition  of  14  voters  of  Kiowa,  for  State-wide  Prohibition,  which  was 
referred  to  the  Committee  on  Liquor  Traffic. 

On  motion  of  Mr.  Akers,  the  names  of  Messrs.   Jenkins,   Sater  and 


CONVENTION    OF   OKLAHOMA.  149 

Stowe  were  added  to  the  list  of  those  excused  from  attending  the 
session  of  January  8,  to  visit  the  Agricultural  and  Mechanical  College 
at    Stillwater. 

A  communication  from  Governor  Frantz  was  received  and  read,  in 
which  he  advised  that  he  had  sent  each  member  of  the  Convention  a 
copy  of  his  annual  report  to  the  Secretary  of  the  Interior,  for  use  in 
their  deliberations;  on  motion  of  Mr.  Ellis,  a  vote  of  thanks  was  ex- 
tended  Governor  Frantz. 

Resolution  No.  63,  by  Mr.  McCance,  providing  for  a  Change  of  the 
Time  of  Convening,  was  taken  up  and  referred  to  the  Committee  on 
Rules   and    Procedure. 

On  motion  of  Mr.  Hayes,  the  Convention  went  into  the  Committee 
of  the  Whole,  for  consideration  of  General  Orders,  with  Mr.  Johnston 
in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Johnston,  as  Chairman  of  the  Com- 
mittee of  the  Whole,  made  report  as  follo\^s: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  was  referred  Committee  Report  No.  4,  having  had  the  same  under 
consideration,  beg  leave  to  report  and  recommend  that  Section  6  thereof 
be  adopted,  as  amended  in  Committee  of  the  Whole;  that  it  be  trans- 
ferred to  and  made  a  part  of  the  report  of  the  Committee  on  Federal 
Relations,  adopting  and  accepting  the  terms  and  conditions  of  the 
Enabling  Act,  and  as  to  the  residue  of  the  matter  referi'ed,  they  report 
progi'ess   and   ask   leave  to   sit  again. 

HENRY   S.   JOHNSTON,   Chairman. 

The   report   was  adopted. 

On  request  of  Mr.  Williams  of  108,  Chairman  of  the  Committee 
on  Railroads  and  Public-  Service  Corporations,  Committee  Report  No.  10 
was  re-referred  to  that  committee  for  correction. 

Mr.  Buchanan  moved  to  adjourn  until  2  p.  m.  Mr.  Hayes  moved 
to  amend  by  making  the  adjournment  to  the  regular  hour. 

The  amendment  prevailed  and  the  Convention  adjourned  until  10 
a.    m.,    Thursday,    January    10,    19  07. 

Moniing   Session,   Thursday,   January    10,    11)07 — 10   A.   M. 

Convention  met  pursuant  to  adjournment. 

Roll  was  called  and  all  members  present  except  Messrs.  Harrison 
of  45,  Kane,  Newell  and  Savage.  Mr.  Harrison  of  45,  was  excused  on 
account  of  sickness,  and  Mr.  Savage  was  excused  for  the  week  on 
account  of  sickness. 

A  communication  was  received  from  L.  Bradford  Prince,  sending 
greetings  and  congratulations  of  the  Constitutional  Convention  of  New 
Mexico. 


150  JOURNAL   OF    CONSTITUTIONAL 

Mr.  McCance  presented,  by  request,  Petition  No.  120,  from  Moore- 
land,  Oklahoma,  for  State-wide  Prohibition,  which  was  referred  to  the 
Committee   on    Liquor    Traffic. 

Mr.  Wood  of  8,  presented,  by  request.  Petition  No.  121,  with  735 
signatures,  praying  for  State-wide  Prohibition,  which  was  referred  to 
the  Committee  on  Liquor  Traffic. 

Mr.  Maxey  presented  Petition  No.  122,  from  the  Fire  Department 
of  Shawnee,  Oklahoma,  relating  to  Insurance,  which  was  submitted  to 
the  Committee  on   Insurance. 

Mr.  Maxey  presented,  by  request.  Petition  No.  123,  praying  for 
State-wide  Prohibition,  which  was  referred  to  the  Committee  on  Liquor 
Traffic. 

Mr.  Tucker  presented,  by  request,  Petition  No.  12  4,  with  166  sig- 
natures, praying  for  State-wide  Prohibition,  which  was  referred  to  the 
Committee  on  Liquor  Traffic. 

Mr.  Wyly  presented,  by  request.  Petition  No.  12  5,  from  12  0  voters 
and  13  other  citizens  of  Westville,  Indian  Territory,  praying  for  State- 
wide Prohibition,  which  was  referred  to  the  Committee  on  Liquor 
Traffic. 

Mr.  Berry  presented,  by  request.  Petition  No.  126,-  from  Pawnee, 
Cleveland  and  Blackburn,  with  256  signatures,  praying  for  State-wide 
Prohibition,   which   was   referred   to   the  Committee  on   Liquor  Traffic. 

Mr.  Roberts  presented,  by  request,  Petition  No.  12  7,  with  184 
signatures,  from  Nowata,  I.  T.,  praying  for  State-wide  Prohibition,  which 
was  referred  to  the  Committee  on   Liquor   Traffic. 

Mr.  Roberts  presented,  by  request.  Petition  No.  12  8,  with  128  sig- 
natures, praying  for  State-wide  Prohibition,  which  was  referred  to  the 
Committee    on    Liquor    Traffic. 

Mr.  Covey  presented,  by  request,  Petition  No.  12  9,  for  State-wide 
Prohibition,   which   was   referred   to   the   Committee   on   Liquor  Traffic. 

Mr.  James  presented,  by  request,  Petition  No.  130,  with  50  sig- 
natures, praying  for  State-wide  Prohibition,  which  was  referred  to  the 
Committee   on   Liquor    Traffic. 

Mr.  James  presented,  by  request,  Petition  No.  131,  with  36  sig- 
natures, praying  for  State-wide  Prohibition,  which  was  referred  to  the 
Committee    on    Liquor    Traffic. 

Mr.  James  presented,  by  request,  Petition  No.  132,  from  36  citi- 
zens of  Cimarron  County,  praying  for  the  Right  to  Vote  on  Organiza- 
tion at  the  Time  of  Voting  on  the  Adoption  of  the  Constitution,  which 
was  referred  to  the  Committee  on  Counties  and  County  Boundaries. 

Mr.  James  presented,  by  request.  Petition  No.  133,  from  75  citizens 
of  Cimarron  County,  praying  for  the  Right  to  Vote  on  Organization  at 
the  Time  of  Voting  on  the  Adoption  of  the  Constitution,  which  was 
leferred  to  the  Committee  on  Counties  and   County  Boundaries. 


CONVENTION   OF   OKLAHOMA.  151 

Mr.  Caudill  presented,  by  request,  Petition  No.  134,  with  ,54  8  sig- 
natures from  Mangum,  Oklahoma,  praying  for  State-wide  Prohibition, 
which  was  referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Helton  presented,  by  request.  Petition  No.  135,  from  Coyle, 
Oklahoma,  praying  for  State-wide  Prohibition,  which  was  referred  to  the 
Committee  on  Liquor  Traffic. 

Mr.  Roberts  presented,  by  request,  Petition  No.  136,  with  5  8  sig- 
natures, from  Kildare,  Oklahoma,  praying  for  State-wide  Prohibition, 
which  was  referred   to  the  Committee  on  Liquor  Traffic. 

Mr.  Williams  of  3,  presented,  by  request.  Petition  No.  137,  from 
Mooreland,  Oklahoma,  praying  for  Uniform  Prohibition,  which  was 
referred  to   the   Committee   on   Liquor  Traffic. 

Mr.  Sater  presented  Petition  No.  138,  praying  for  Constitutional 
Provision  for  Firemen  in  Cities,  which  was  referred  to  the  Committee 
on  Insurance. 

Mr.  Williams' of  108,  Chairman  of  the  Committee  on  Invitation  to 
the  Honorable  Robert  M.  LaFollette,  read  a  communication  from  him, 
in  which  he  expressed  regret  at  not  being  able  to  attend  and  address 
the  Convention. 

On  motion  of  Mr.  Ellis,  Honorable  W.  W.  (Coin)  Harvey  was 
invited  to  address  the  Convention  at  7:30  p.  m.,  January  14,  1907, 
Monday. 

On  motion  of  Mr.  Hanraty,  President  John  Mitchell,  of  the  United 
Mine  Workers  of  America,  was  invited  to  visit  and  address  the  Con- 
vention. 

Mr.  Parker  presented  Petition  No.  139,  being  a  Memorial  to  the 
Congress  of  the  United  States,  relating  to  Forest  Reserve,  which  was 
referred  to  the  Committee  on  Coal,  Oil,  Gas  and  Timber  Lands. 

On  motion  of  Mr.  Littlejohn,  the  Convention  went  into  the  Com- 
mittee of  the  Whole,  for  the  further  consideration  of  General  Orders, 
with  Mr.  Hayes  in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr.  Hayes,  as  Chairman  of  the  Com- 
mittee of  the  Whole,   made  report  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders,  being  Committee  Reports  Nos. 
4,  5-,  8,  11,  6  and  9,  beg  to  report  that  we  have  had  under  consideration 
Committee  Reports  Nos.  4  and  8,  and  that  thereon  we  have  made 
progress   and   ask  leave  to   sit   again. 

S.   W.    HAYES,    Chairman. 

On  motion  of  Mr.  Ellis,  the  report  was  adopted. 
Mr.    Hughes    moved    that    when    the    Convention    do    adjourn,    it    be 
until   2   p.   m. 


152  JOURNAL   OF    CONSTITUTIONAL 

On  an  amendment  offered  by  Mr.  Hogg,  the  Convention  adjourned 
until  10  a.  m.,  Friday,   January  11,   1907. 

Morning    Session,    Friday,    January    11,    1907 — 10    A.    M. 

Convention   met   pursuant   to   adjournment. 

Roll  being  called,  all  members  were  present,  except  Messrs.  Cobb, 
Carr,  Hanraty,  Harrison  of  45,  Helton,  Kane,  Quarles  and  Savage. 

On  motion  of  Mr.  Swarts,  Mr.  Quarles  was  excused  for  the  week. 

On   motion  of  Mr.  Edley,   Mr.   Kane  was  excused  for  the  week. 

Messrs.  Hanraty,  Harrison  of  4  5,  and  Savage,  were  excused  on 
account  of   sickness. 

Mr.  Murray  presented,  by  request.  Petition  No.  140,  from  Local 
Union  No.  197,  United  Mine  Workers  of  America,  of  Henryetta,  I.  T., 
which   was   referred    to    the    Committee   on    Legislative    Department. 

Mr.  Murray  presented,  by  request,  Petition  No.  141,  from  Cleve- 
land County  Bar  Association,  relating  to  Judicial  Districts,  which  was 
referred  to  the  Committee   on   Judicial  Apportionment. 

Mr.  Murray  presented,  by  request.  Petition  No.  142,  being  a 
memorial  of  the  Twin  Territories  Bar  Association,  relating  to  a  Judi- 
ciary System,  which  was  referred  to  the  Committee  on  Judiciary  and 
Judicial  Department. 

Mr.  Rose  presented,  by  request,  Petition  No.  14  3,  being  a  petition 
for  State-wide  Prohibition,  with  67  signatures,  which  was  referred  to 
the   Committee  on   Liquor   Traffic. 

Mr.  Hudson  presented,  by  request,  Petition  No.  14  4,  of  Local 
Union  No.  197,  United  Mine  Workers  of  America,  which  was  referred 
to  the  Committee  on  I>egislative  Department. 

Mr.  Caudill  presented,  by  request.  Petition  No.  145,  with  212  sig- 
natures, from  Granite,  Oklahoma,  praying  for  State-wide  Prohibition, 
which  was  referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Hill  presented,  by  request.  Petition  No.  14  6,  from  Skiatook, 
praying  for  State-wide  Prohibition,  which  was  referred  to  the  Com- 
mittee on  Liquor  Traffic. 

Mr.  Berry  presented,  by  request.  Petition  No.  14  7,  from  Cleveland, 
Oklahoma,  being  a  Petition  for  Pension  Provisions  for  Disabled  Fire- 
men, which  was  referred  to  the  Committee  on  Insurance. 

Mr.  Tenor  presented,  by  request,  petition  No.  14  8.  from  Talpga, 
being  a  petition  for  State-wide  Prohibition,  which  was  referred  to  the 
Committee   on   Liquor   Traffic. 

Mr.  Alderson  presented,  by  request.  Petition  No.  149,  from  Med- 
ford,  Oklahoma,  praying  for  State-wide  Prohibition,  which  was  referred 
to  the  Committee  on  Liquor  Traffic. 

Mr.    Ledbetter   presented,   by   request.    Petition   No.    130,    from   citi- 


CONVENTION  OF  OKLAHOMA.  15  3 

zens  of  Ardmore,  I.  T.,  praying  for  Provisions  Pensioning  Disabled 
Firemen,  which  was  referred  to  the  Committee  on  Insurance. 

Mr.  Alderson  presented,  by  request.  Petition  No.  151,  being  a  peti- 
tion for  Provisions  for  Protection  of  Children  and  Animals  and  to 
Establish  Industrial  Training  School  and  Orphanage,  at  Cross,  Okla- 
homa, which  was  referred  to  the  Committee  on  Public  Institutions  and 
State  Buildings. 

Mr.  Buchanan  presented,  by  request.  Petition  No.  15  2,  with  30  0 
signatures,  from  Norman,  Oklahoma,  prayihg  for  Provisions  for  Woman 
Suffrage,   which  was   referred   to  the  Committee  on  Suffrage. 

Mr.  Hayes  presented  Petition  No.  153,  being  a  petition  for  Pension 
Fund  for  Disabled  Firemen,  from  Chickasha,  I.  T.,  which  was  referred 
to  the  Committee  on  Insurance. 

Mr.  Buchanan  presented  Petition  No.  15  4,  from  Norman,  Okla- 
homa, being  a  petition  for  provisions  for  Pension  Fund  for  Disabled 
Firemen,   which   was    referred   to    the    Committee   on   Insurance. 

Mr.  Carney  presented  Petition  No.  155,  from  El  Reno,  Oklahoma, 
being  a  petition  for  provisions  for  Pension  Fund  for  Disabled  Fire- 
men, which  was  referred -to  the  Committee  on  Insurance. 

Mr.  Norton  presented,  by  request,  Petition  No.  156,  from  citizens 
of  Canadian  County,  praying  for  State-wide  Prohibition,  which  was 
referred   to   the   Committee   on    Liquor   Traffic. 

Mr.  Roberts  presented,  by  request,  Petition  No.  157,  with  195 
signatures,  from  Tahlequah,  I.  T.,  praying  for  State-wide  Prohibition, 
which   was    referred   to   the  •  Committee   on   Liquor   Traffic. 

Mr.  Wood  of  89,  presented,  by  request.  Petition  No.  15  8,  from  9 
voters  of  Kiowa,  praying  for  State-wide  Prohibition,  which  was  referred 
to  the  Committee  on  Liquor  Traffic. 

Mr.  Norton  presented,  by  request,  Petition  No.  159,  from  El  Reno, 
praying  for  State-wide  Prohibition,  which  was  referred  to  the  Com- 
mittee on   Liquor   Traffic. 

Mr.  Wood  of  8,  introduced  Resolution  No.  65,  being  a  resolution  to 
Adopt  Alfalfa  as  the  Floral  Emblem  of  the  State  of  Oklahoma;  the 
resolution  having  provoked  discussion,  went  over  under  the  rules  for 
one   day. 

Mr.  Hayes  introduced  Resolution  No.  66,  as  follows: 

Be  it  resolved.  By  this  Convention,  that  the  compensation  of  the 
Chief  Reading  Clerk  be  fixed  at  $6.00  per  day  in  lieu  of  the  compen- 
sation heretofore  fixed,  to  date  from  day  of  election. 

The  resolution   was  adopted. 

On  motion  of  Mr.  Swarts,  the  report  of  the  Committee  on  Counties 
and  County  Boundaries  was  amended  by  substituting  for  the  county 
name  Cooweescoowee,   the  name   Rogers. 

Mr.   Moore  introduced   Constitutional  Proposition   No.    393,   being   a 


154  JOURNAL    OF    CONSTITUTIONAL 

proposition  for  Ordinance  Provisions  Fixing  Date  of  Election,  which 
was  read,  read  a  second  time  by  title  and  referred  to  the  Committee 
on   Ordinances. 

Mr.  Chambers,  as  Chairman  of  the  Special  Committee,  on  Segre- 
gated Coal  and  Asphalt  Lands,  Timber  Lands,  Oil  and  Gas,  made 
report  as  follows: 

Mr.  President:  We,  your  Special  Committee  on  Segregated  Coal 
and  Asphalt  Lands,  Timber  Lands,  Oil  and  Gas,  to  whom  was  referred 
Memorial  No.  139,  having  had  same  under  consideration,  beg  leave  to 
report  back   with   recommendation   that   the   same   do   pass. 

JAMES   H.   CHAMBERS,    Chairman. 

Mr.   Chambers  moved  the  adoption  of  the  report. 

Mr.  Baker  moved  the  previous  question,  and  the  question  being. 
Shall  the  main   question  be  now  put?   it  was  decided  in  the  affirmative. 

The  vote  recurring  on  the  main  question,  the  report  was  unani- 
mously adopted,  carrying  with  it  the  adoption  of  Memorial  No.  139,  as 
follows: 

MEMORIAL. 
To  the  President  of  the  United  States: 
To  the  Senate  and  House  of  Representatives  in  Congress  Assembled: 

We,  the  Representatives  and  Delegates  of  the  people  of  Oklahoma, 
in  Constitutional  Convention  assembled,  respectfully  request  that  the 
order  of  the  Honorable  Secretary  of  the  Interior,  setting  aside  a  Forest 
Reserve  in  the  Eastern  portion  of  the  proposed  State  of  Oklahoma,  be 
set  aside  and  not  confirmed.  Such  Reserve  would  be  injurious  to  the 
welfare  of  this  State,  and  would  be  harmful  to  those  citizens  of  the 
United  States  who  are  the  owners  of  this  entire  property. 

On  motion  of  Mr.  Baker,  the  Convention  went  into  Committee  of 
the  Whole,  for  further  consideration  of  General  Orders,  with  Mr. 
Hayes   in   the  chair. 

At  the  noon  hour,  on  motion  of  Mr.  Pittman,  the  Committee  of  the 
Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Hayes, 
as  Chairman  of  the  Committee  of  the  Whole,  made  report  as  follows: 

Mr.  President:  We,  your  committee  of  the  Whole  Convention,  to 
whom  was  referred  Committee  Reports  Nos.  4,  8,  5,  11,  6  and  9,  beg 
to  report  that  we  have  had  under  consideration  Committee  Reports 
Nos.  4  and  8,  being  reports  of  Committee  on  Preamble  and  Bill  of 
Rights,  and  that  we  have  made  progress  and  ask  leave  to  sit  again. 

S.    W.    HAYES,    Chairman. 

On  motion  of  Mr.   Ellis,   the   report  was  adopted. 

On  motion,  it  was  determined  by  the  Convention,  to  hold  an  after- 
noon session  on  Saturday,   January   12,   1907,  beginning  at   2    p.    m. 

The  Convention  took  recess  until  10  a.  m.,  Saturday,  January 
12,    1907. 


CONVENTION   OF    OKLAHOMA.  155 

Morning   Session,    Saturday,    January    12,    1907 — 10   A.    M. 

Convention  met  pursuant  to  recess. 

Roll  called;  all  members  present,  except  Messrs.  Bilby,  Harrison 
of  45,  Hudson,  Leeper,  McClure,  Quarles,  Savage  and  Turner.  Messrs. 
Bilby,  Harrison  of  4  5,  Quarles  and  Savage  were  excused  from  attending 
the  day's  session. 

Mr.  Kornegay  asked  to  be  excused  for  sessions  of  Monday  and 
Tuesday  and  to  be  relieved  from  Committees  on  Ordinance  and  Memo- 
rial to  the  Congress  of  the  United  States  for  Deficiency  Appropriation, 
and   on   motion   of   Mr.   Johnston,   his   request  was  granted. 

Mr.  Murray  presented,  by  request,  Petition  No.  161,  from  Perry, 
Oklahoma,  praying  for  Pension  Provision  for  Disabled  Firemen,  which 
was  referred  to  the  Committee  on   Insurance. 

Mr.  Cloud  presented,  by  request,  Petition  No.  162,  from  Oklahoma 
City,  with  340  signatures,  praying  for  State-wide  Prohibition,  which  was 
referred   to  the  Committee  on  Liquor  Traffic. 

Mr.  Safer  presented,  by  request,  Petition  No.  1G3,  of  1350  Okla- 
homa women,  for  State-wide  Prohibition,  which  was  referred  to  the 
Committee  on  Liquor  Traffic. 

Mr.  Edley  presented,  by  request,  Petition  No.  164,  praying  for 
Pension  Provision  for  Disabled  Firemen,  which  was  referred  to  the 
Committee   on    Insurance. 

Mr.  Roberts  presented  Petition  No.  165,  of  2390  young  people  of 
Oklahoma,  for  State-wide  Prohibition,  which  was  referred  to  the  Com- 
mittee  on   Liquor   Traffic. 

Mr.  Roberts  presented,  by  request,  Petition  No.  16G,  with  159  sig- 
natures, from  McAlester,  praying  for  State-wide  Prohibition,  which  was 
referred  to  the  Committee  on  Liqor  Traffic. 

Mr.  Tosh  presented  Petition  No.  167,  from  88  citizens  of  Hobart, 
praying  for  Pension  Provisions  for  Disabled  Firemen,  which  was 
referred   to   the   Committee   on   Insurance. 

Mr.  Lasater  presented  Petition  No.  168,  from  Pauls  Valley,  pray- 
ing for  Pension  Provisions  for  Disabled  Firemen,  which  was  referred 
to  the  Committee  on  Insurance. 

Mr.  Rice  presented,  by  request.  Petition  No.  169,  from  Hitchcock, 
Oklahoma,  praying  for  State-wide  Prohibition,  which  was  referred  to 
the  Committee  on  Liquor  Traffic. 

Mr.  Hausam  presented  Petition  No.  170,  from  2610  voters  of 
Wagoner  county,  praying  for  Location  of  County  Seat,  which  was 
referred   to   the   Committee   on    Counties   and    County    Boundaries. 

Mr.  McCance  moved  that  Committee  on  Rules  and  Procedure  be 
instructed  to  report  on  Resolution  No.  62  at  the  earliest  possible 
moment.     The  motion  was  lost. 


156  JOURNAL    OF    CONSTITUTIONAL 

Mr.  King,  Vice-Chairman  of  the  Committee  ou  Rules  and  Pro- 
cedure,   made    report    as    follows: 

To  the  Constitutional  Convention:  We,  yoar  Committee  on  Rules 
and  Procedure,  recommend  that  Committee  Report  No.  9,  by  Committee 
on  Coal,  Oil,  Gas  and  Timber  Lands,  and  being  entitled  An  Ordinance 
Providing  for  the  Appointment  of  the  Segregated  Coal  and  Asphalt 
Land  Commission,  and  Defining  Its  Duties,  be  and  is  hereby  subject  to 
a  rule  advancing  same  upon  the  Calendar  of  General  Orders,  to  the 
first  place  on  said  Calendar. 

J.  F.   KING,  Vice-Chairman.^ 

On   motion,   the   report   was   adopted. 

Mr.  Wood  of  8,  Chairman  of  Committee  on  Convention  Printing, 
made  report  and  Mr.  Chambers  moved  its  adoption.  This  motion  hav- 
ing provoked  discussion,  was  passed  until  reached  on  the  Calendar  in 
the  regular  order  of  business. 

Mr.  Williams  of  108,  Chairman  of  the  Committee  on  Railroads  and 
Public  Service  Corporations,  made  report,  which  was  referred  to  the 
Committee  of  the  Whole  and  ordered  printed. 

Mr.  Tracy,  Chairman  of  the  General  Provisions,  made  report,  which 
was  referred  to  the  Committee  of  the  Whole,  and  ordered  printed. 

A  communication  from  John  Mitchell,  President  of  the  United 
Mine  Workers  of  America  to  Mr.  Hanraty,  in  response  to  ah  invitation 
to  visit  and  address  the  Convention,  was  read,  in  which  Mr.  Mitchell 
thanked  the  Convention  for  the  invitation  and  expressed  his  regret  at 
not  being  able  to  accept. 

The  Order  of  Unfinished  Business  having  been  reached,  Mr.  Hen- 
shaw,  who  at  the  previous  session  had  resigned  the  floor  in  the  discus- 
sion of  this  order,  arose  and  moved  to  lay  on  the  table  the  pending 
motions,  being  the  motions  of  Mr.  Kornegay  to  direct  all  bids  for 
Convention  Printing  to  be  opened,  and  the  amendment  by  Mr.  Sandlin 
to  direct  that  all  bids  of  union  shops  be  opened.  Roll  call  was  demand- 
ed on  the  motion  to  lay  on  the  table,  which  resulted  as  follows: 

Ayes:  Akers,  Allen,  Alderson,  Berry,  Board,  Bowers,  Brewer, 
Carney,  Carr,  Chambers,  Cobb,  Hopkins,  Curl,  Dalton,  Dearing,  Gard- 
ner, Graham,  Hanraty,  Harrison  of  88,  Haskell,  Hayes,  Helton,  Hend- 
ricks, Henshaw,  Hill,  Hunt,  James,  Johnston,  Jones,  Kelly,  King, 
Lasater,  Latimer,  Leahy,  Lee,  Ledbetter,  Liedtke,  Littlejohn,  Littleton, 
McCance,  McClain,  Major,  Mathis,  Messenger,  Norton,  Parker,  Ramsey, 
Roberts,  Rogers,  Sandlin,  Tucker,  Williams  of  3,  Williams  of  97,  Wood 
of  8,  Wood  of  89,  Wyatt,  President  Murray.      Total,  58. 

Nays:  Asp,  Baker,  Banks,  Bryant,  Buchanan,  Cain,  Caudill,  Cloud, 
Copeland,  Covey,  Edley,  Edmondson,  Frye,  Harned,  Hausam,  Herring, 
Hogg,    Houston,    Hughes,    Humphrey,    Jenkins,    Kornegay,    Langley,    Mc- 


CONVENTION    OF   OKLAHOMA.  157 

Clure,  Mitch,  Nelson,  Rose,  Sater,  Sorrells,  Stowe,  Swarts,  Tosh,  Tenor. 
Weaver,   Wills,   Wyly.      Total,    36. 

Absent  and  not  voting:  Bilby,  Ellis,  Fisher,  Harris,  Harrison  of 
4  5,  Hudson,  Kane,  Leeper,  Maxey,  Moore,  Newell,  Pittman,  Quarles, 
Rice,   Savage,   Tracy,   Turner,   Williams  of   108.      Total,    18. 

The  motion  prevailed. 

Mr.  Curl  moved  that  as  the  motions  pending  relative  to  securing 
all  bids  offered  were  not  consistent  with  a  previous  rule  of  the  Con- 
vention that  none  but  bids  from  union  shops  be  received,  all  motions, 
including  the  vote  upon  the  subject,  be  therefore  stricken  from  the 
records. 

Mr.  Hayes  moved  to  lay  the  motion  on  the  table  and  the  motion 
prevailed. 

Mr.  Leahy  renewed  the  motion  to  adopt  the  report  of  the  Com- 
mittee on  Convention  Printing,  and  Messrs.  Baker,  Chambers,  Curl, 
Haskell  and  others  demanded  a  roll  call. 

Mr.  Sandlin  moved  the  previous  question  and  the  question  being. 
Shall  the  main  question  be  now  put?   it  was  decided  in  the  affirmative. 

The  vote  recurring  on  the  motion   to  adopt,   resulted  as   follows: 

Ayes:  Akers,  Allen,  Alderson,  Banks,  Berry,  Bowers,  Brewer, 
Bryant,  Buchanan,  Carney,  Caudill,  Chambers,  Cloud,  Cobb,  Cochran, 
Curl,  Dalton,  Bearing,  Edmondson,  Ellis,  Gardner,  Graham,  Hanraty, 
Karned,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Helton,  Hendricks, 
Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Hughes,  Humphrey,  Hunt, 
James,  Johnston,  Jones,  KeUy,  King,  Lasater,  Latimer,  Leahy,  Lee, 
Ledbetter,  Littlejohn,  Littleton,  McCance,  McClain,  McClure,  Major, 
Mathis,  Messenger,  Mitch,  Nelson,  Norton,  Parker,  Pittman,  Ramsey, 
Roberts,  Rogers,  Rose,  Sandlin,  Sorrells,  Stowe,  Swarts,  Tracy,  Tucker, 
Williams  of  3,  Williams  of  97,  Williams  of  108,  Wood  of  8,  Wood  of 
89,  Wyatt,  Wyly  and  President  Murray.  Total,  81.  Messrs.  Moore  and 
Rice  recorded  their  votes  later,  making  a  grand  total  of  83. 

Nays:  Asp,  Baker,  Board,  Cain,  Copeland,  Covey,  Edley,  Frye, 
Harris,  Jenkins,  Kornegay,   Liedtke,  Sater,  Tenor,  Weaver.     Total,  15. 

Absent:  Bilby,  Carr,  Fisher,  Harrison  of  45,  Hudson,  Houston. 
Kane,  Leeper,  Maxey,  Moore,  Newell,  Quarles,  Rice,  Savage,  Tosh,  Tur- 
ner.     Total,    16. 

The  report  of  the  committee  was,  by  the  President,  declared 
adopted,  together  with  the  contract  with  the  Leader  (Printing)  Com- 
pany, report  and  contract  being  as  follows: 

Mr.  President:  Your  Committee  on  Convention  Printing  and 
Reporting,  to  whom  was  referred  the  report  of  Committee  on  Bids  for 
Convention  Printing  from  union  shops,  reported  to  the  Convention  on 
December  19,  1906,  and  considered  by  said  Convention  on  the  5th  day 
of   January,   1907,  beg  leave  to  report  that  we  have  further  considered 


158  JOURNAL    OF    CONSTITUTIONAL 

the  matter  of  contract  with  the  Leader  (Printing)  Company  with  the 
view  of  correcting  and  revising  said  proposed  contract,  and  after  care- 
fully considering  the  matter  with  Mr.  Niblack,  President  of  said  Com- 
pany, said  committee  and  the  Leader  (Printing)  Company  have  reached 
the  following  agreement  for  the  past  and  present  printing,  which  said 
agreement  is  hereto  attached,  and  is  recommended  to  this  Convention 
for   adoption. 

GEO.    W.    WOOD, 

Chairman. 
HENRY    KELLY, 
H.     G.     TURNER, 
NEIL    B.     GARDNER, 
JAS.    H.    CHAMBERS, 
J.    B.    TOSH, 
DON    P.     WILLS. 

CONTRACT. 

It  is  hereby  agreed  and  understood  by  and  between  the  Leader 
(Printing)  Company  of  Guthrie,  Oklahoma,  a  corporation,  and  the  Com- 
mittee on  Constitutional  Printing  for  the  Constitutional  Convention,  by 
the  Printing  Committee  of  said  Constitutional  Convention,  first  having 
been  duly  appointed  by  the  President  of  said  Constitutional  Conven- 
tion, and  said  appointment  having  been  duly  ratified  by  the  Constitu- 
tional Convention,  said  committee  being  composed  of  Geoi'ge  Wood. 
Chairman,  and  Henry  Kelly,  D.  P.  Wills,  J.  H.  Chambers,  N.  H.  Tur- 
ner, J.  B.  Tosh,  Neil  B.  Gardner,  a  committee  of  seven  acting  for  and 
on  behalf  of  the  Constitutional  Convention,   Party  of  the  Second   Part, 

Witnesseth:  That  the  Leader  (Printing)  Company,  a  corporation. 
Party  of  the  First  Part  by  the  said  Party  of  the  Second  Part,  at  the 
following  prices:  Seventy  cents  each  one  thousand  ems  composition. 
GO  cents  the  token  for  press  work,  current  price  for  paper;  rates  for 
folding,  binding,  stitching  and   trimming  to  be  as   follows: 

One-half  (1-2)  cent  each  for  two  hundred  (200)  copies,  for  all 
propositions  and  journals  under  four  pages;  three  cents  for  over  four 
pages  and  under  eight  pages;  six  cents  for  all  over  eight  pages  and 
under  eighteen  pages;  seven  cents  for  over  eighteen  pages  and  under 
thirty-five  pages;  nine  cents  for  over  thirty-five  pages  and  under  fifty- 
eight  pages;  twelve  cents  for  over  fifty-eight  to  seventy-five  pages; 
additional  pages  in  proportion.  The  composition  to  be  set  in  eight  (8) 
point  type;  eighteen  lines  to  the  page  and  numbered,  and  each  title 
page  to  ba  considered  one  page,  the  journals  to  contain  not  less  than 
thirty  lines  to  the  page  and  the  paper  to  be  seven  by  ten  inches;  the 
paper  to  be  good  grade  and  weight  of  bond  paper;  two  hundred  (200) 
copies   of  each   proposition  to  be   printed   and   a   like   number  of   daily 


CONVENTION    OF   OKLAHOMA.  159 

journals,  witH  no  blank  pages  to  be  paid  for;  extra  copies  in  propor- 
tion,— said  printing  to  be  delivered  to  the  Sergeant-at-Arms  of  the 
Convention  or  to  the  proper  officers  thereof,  or  as  may  be  directed  by 
said   Convention. 

This  contract  made  and  entered  into  this  Sth  day  of  January,  A. 
D.,  1907,  (executed  in  duplicate),  and  to  be  effective  from  the  20th  day 
of  November,  A.   D.,   1906. 

Signed: 

THE    LEADER     (PRINTING)     COMPANY. 

By    L.     G.     Niblack. 
THE     CONSTITUTIONAL     CONVENTION. 
By      

Mr.  Williams  of  8,  moved  that  hereafter  Ihe  daily  Journals  do  not 
contain   the   explanations   of   voJ,es   of    members.      The    motion    prevailed. 

Mr.  Leahy  moved  that  the  President  of  the  Convention  be  author- 
ized on  behalf  of  the  Convention  to  enter  into  contract  with  the 
Leader  (Printing)  Company,  as  per  terms  recommended  by  the  com- 
mittee, which  motion  prevailed,  after  which  President  Murray  for  the 
Convention,   executed   the  contract. 

Mr.  Safer  introduced  Constitutional  Proposition  No.  294,  being  a 
proposition  to  provide  for  Juvenile  Courts  and  a  Detention  Home  for 
Youthful  Criminals,  which  was  read,  read  a  second  time  by  title  and 
referred  to  the  Committee  on  Judiciary  Department. 

Mr.  Mitch  introduced  Constitutional  Proposition  No.  395,  being  a 
proposition  to  provide  for  the  Establishment  of  an  Institution,  to  be 
Known  as  the  Oklahoma  Industrial  School,  which  was  read,  read  a 
second  time  by  title  and  referred  to  the  Committee  on  Public  Institu- 
tions   and    State    Buildings. 

Mr.  Hausam  introduced  Constitutional  Proposition  No.  396,  being 
a  proposition  relating  to  the  Judiciary,  which  was  read  by  title  and 
refei'red  to  the  Committee  on  Judiciary  and   Judicial   Department. 

-  Mr.  HasKell  introduced,  by  request,  Constitutional  Proposition  No. 
397,  being  a  proposition  relating  to  Employer's  Liability  to  Injured 
Employes,  which  was  read  by  title  and  referred  to  the  Committee  on 
Railroads  and  Public  Service  Corporations. 

Mr.  Haskell  introduced  Constitutional  Proposition  No.  398.  being 
a  proposition  to  provide  for  the  Creation,  of  a  Supreme  Court,  which  was 
read  by  title  and  referred  to  the  Committee  on  Judicial  and  Judiciary 
Department. 

Mr.  Curl  introduced  Constitutional  Proposition  No.  399,  being  a 
proposition  to  provide  for  a  Board  of  Control  of  Public  Institutions, 
which  was  read  by  title  and  referred  to  the  Committee  on  Public  Insti* 
tutions  and  State  Buildings. 


160  JOURNAL   OF    CONSTITUTIONAL 

Mr.  Curl  introduced,  by  request,  Constitutional  Proposition  No.  4  00, 
relating  to  Free  Transportation,  which  was  read  by  title  and  referred  to 
the  Committee  on  Railroads  and  Public  Service  Corporations. 

Mr.  Baker  introduced  Constitutional  Proposition  No.  401,  being  a 
proposition  providing  for  the  Making  of  the  Separate  Departments  of 
the  State  Government  Equal  and  Co-ordinate,  which  was  read  by 
title  and  referred  to  the  Committee  on  Judiciary  and  Judicial  Depart- 
ment. 

On  motion  of  Mr.  Moore,  Mr.  Everhard,  Superintendent  of  the 
Enid  City  Schools,  was  invited  to  address  and  did  address  the  Con- 
vention. 

Mr.  Pittman  introduced  Constitutional  Proposition  No.  4  0  2,  being 
a  proposition  relating  to  the  Application  of  the  Statute  of  Limitations, 
which  was  read,  read  a  second  time  by  title  and  referred  to  the  Com- 
mittee on  General   Provisions. 

On  motion  of  Mr.  Hayes,   the  Convention  took   recess  until   2   p.   m. 

Afternoon   Session,   Saturday,   January    13,    1907 — 3   P.   M. 

Convention  met  pursuant  to  recess. 

Roll  call  was  omitted. 

Unanimous  consent  being  given,  Messrs.  Moore  and  Rice  were  per- 
mitted to  record  their  votes  on  the  motion  to  adopt  the  report  of  the 
Committee  on   Convention  Printing,   and  voted   for  its  adoption. 

Mr.  Murray  introduced  Constitutional  Proposition  No.  403,  being  a 
proposition  to  Provide  Against  the  Evils  of  Corporate,  Alien  and 
Excessive  Ownership  of  Land,  which  was  read,  read  a  second  time  by 
title  and  referred  to  the  Committee   on   General   Provisions. 

Mr.  King,  Vice-Chairman  of  the  Committee  on  Rules,  filed  report 
and  moved  its  adoption. 

Report   adopted   as   follows: 
To  the  Constitutional  Convention  for  the  Proposed  State  of  Oklahoma: 

Your  Committee  on  Rules  beg  leave  to  report  the  following  amend- 
ment: That  Rule  No.  21  be  amended  so  as  to  read  as  follows:  Tues- 
days, Wednesdays,  Thursdays  and  Fridays  of  each  week  shall  be  set 
aside  especially  for  the  consideration  of  General  Orders,  but  they  may 
be  considered  on  any  other  day  when  they  are  reached  in  their  order. 

J.  F.  KING,  Vice-chairman. 

Mr.  King,  Vice-Chairman  of  Committee  on  Rules  and  Procedure, 
made   report  as   follows: 

To  the  Constitutional  Convention:  We,  your  Committee  on  Rules, 
to  whom  was  referred  Resolution  No.  62,  in  words  as  follows:  Mr. 
President,  I  respectfully  move  that  this  Convention  do  hereafter  con- 
vene at  9  a.  m.  each  legislative  day,  in  lieu  of  the  present  regular  hour. 

(Signed)    E.   O.    McCANCE. 


CONVENTION    OF   OKLAHOMA.  161 

Beg  leave  to  report  that  we  have  had  the  same  under  considera- 
tion, and  report  adversely  thereon,  and  recommend  that  the  same  do 
not  pass. 

J.  F.  KING,  Vice-chairman. 

On  motion  of  Mr.  Pittman,  the  report  was  adopted. 

Mr.  Pittman  moved  that  the  Convention  rescind  the  action  on  the 
motion  of  Mr.  Williams  of  lOS,  relating  to  Embodying  in  the  Journal 
Speeches   in   Explanation    of   Votes.      The   motion    was   lost. 

On  motion  of  Mr.  Bearing,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  further  consideration  of  General  Orders, 
with  Mr.  Johnston  in  the  chair. 

After  consideration  of  matters  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  John- 
ston, as  Chairman  of  the  Committee  of  the  Whole,  made  report  as 
follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  General  Orders  of  the  Calendar,  beg  leave  to 
report  that  we  have  had  under  consideration  Committee  Report  No.  9, 
being  the  report  of  the  Special  Committee  on  Coal  and  Asphalt  Lands 
in  the  Indian  Territory,  and  report  back  with  the  recommendation  that 
the  resolution  presented  in  said  report  do  pass  as  amended  in  the 
Committee  of  the  Whole,  as  follows: 
A    Resolution    Providing    for    the    Appointment    of    the    Segregated    Coal 

and  Asphalt  Lands  Commission,   and   Defining  Its  Duties. 

Section  1.  The  President  of  this  Convention,  by  and  with  its 
advice  and  consent,  shall  appoint  a  commission  of  five  members  of  this 
Convention,  to  be  known  as  The  Segregated  Coal  and  Asphalt  Land 
Commission. 

Section  2.  The  duties  of  said  Commission  shall  be  to  investigate 
and  ascertain,  as  near  as  it  may  be  able  to  do  so,  the  extent  and  value 
of  the  segregated  coal  and  asphalt  lands  of  the  Chickasaw  and  Choc- 
taw Nations,  in  the  Indian  Territory.  They  shall  ascertain,  separately, 
the  value  of  the  surface  of  said  land  and  the  coal  and  asphalt  deposits 
thereunder.  They  are  to  be  authorized  to  enter  into  negotiations, 
looking  to  the  purchase,  by  the  state,  of  said  coal  and  asphalt  lands  and 
the  mineral  deposits  thereunder,  with  the  proper  authorities  of  the 
said  Choctaw  and  Chickasaw  Nations,  and  they  shall  report  as  early  as 
practicable  under  the  circumstances,  the  result  of  said  investigation 
and  negotiations,  to  the  Governor  of  the  State;  Provided,  that  they 
shall  have  no  authority  to  enter  any  contract  for  the  purchase  of  any 
of  the  segregated  coal  and  asphalt  of  the  Choctaw  and  Chickasaw 
Nations;  and  Provided  Further,  That  no  experts  shall  be  employed  in 
making  the  examination,  so  as  to  make  a  charge  against  the  State. 

Section    3.     In   case   a   vacancy   should   occur   in     said     Commission 


162  JOURNAL    OF    CONSTITUTIONAL 

for    anj'    reason,    at    any    time,    the    remaining    members    of    said    Com- 
mission are  hereby  empowered  to  fill  such  vacancy  or  vacancies. 

Section  4.  They  shall  receive,  for  their  services  and  expenses, 
such    sums   as    may    be   allowed    by    the    Legislature    of   the    State 

And,  upon  the  residue  of  the  matters  referred  to  us,  we  report 
progress  and  ask  leave  to  sit  again. 

HENRY   S.    JOHNSTON,   Chairman. 

On    motion,    the   report    was    adopted. 

Mr.  Allen,  Chairman  of  the  Committee  on  Counties  and  County 
Boundaries,  made  report,  which  was  referred  to  the  Committee  of  the 
Whole   and   ordered    printed. 

Convention  took  recess  until    10   a.   m.,    Monday,   January   14,    1907. 

Morning-   Session,    Monday,    January    14,    1907 — 10   A.    M. 

Convention    met    pursuant   to    recess. 

Roll  called;  all  members  present,  except  Messrs.  Akers,  Buchanan, 
Curl,   Hudson,   Hughes,  Leahy,   Maxey  and  Norton. 

On  motion  of  Mr.  Haskell,  Messrs.  Lasater  and  Turner  were 
excused   from   attending  the   day's   session   on    account   of  sickness. 

On  account  of  sickness  and  inability  to  attend  the  sessions,  Mr. 
Savage  was  temporarily  relieved  from  the  duties  of  Chairman  of  the 
Committee  on  Immigration.  The  President  appointed  Mr.  Bilby  chair- 
man pro-tempore  of  that  committee,  and  on  motion  of  Mr.  Wyatt,  the 
appointment  was  confirmed. 

On  motion,  Messrs.  Akers  and  Ledbetter  were  excused  from  attend- 
ing the  sessions  until  Thursday. 

Mr.  Sandlin  presented,  by  request,  Petition  No.  171,  being  a  peti- 
tion with  53  signatures  for  State-wide  Prohibition,  which  was  referred 
to  the  Committee  on  Liquor   Traffic. 

Mr.  Brewer  presented,  by  request.  Petition  No.  17  2,  being  a  memo- 
rial to  Congress  for  an  Appropriation  to  Survey  Arkansas  River  from 
Ft.  Smith  to  Muskogee,  which  was  referred  to  the  Committee  on 
Geological  Survey. 

Mr.  Bearing  presented,  by  request,  Petition  No.  17  3,  from  49 
voters  of  Custer  County,  praying  for  State-wide  Prohibition,  which  was 
referred  to  the  Committee  on   Liquor  Traffic. 

Mr.  King,  Vice-Chairman  of  the  Committee  on  Rules  and  Procedure, 
made    report   as    follows: 

Mr.  President:  Your  Committee  on  Rules  and  Procedure  reports 
the  following  rule  and  recommends  that  the  same  be  adopted: 

No  Constitutional  Proposition  hereafter  introduced  shall  be  printed 
unless  the  same  is  reported  by  a  committee.  The  person  introducing 
a  Constitutional  Proposition  shall  furnish  the  Chief  Clerk  with  five 
copies  of  each  proposition  introduced  by  him. 


CONVENTION    O?"   OKLAHOMA.  163 

All  rules  and  parts  of  rules  in  conflict  with  this  rule  be  and  the 
same  are  hereby  repealed,  in  so  far  as  the  same  are  in  conflict  with  this 
rule. 

J.  F.  KING,  Vice-chairman. 

On   motion   of   Mr.   Wood  of    8,    the   report   was   adopted. 

Mr.  Williams  of  108,  Chairman  of  the  Committee  on  Railroads  and 
Public  Service  Corporations,  filed  Reports  Nos.  17,  18,  19,  which'  were 
referred  to  the  Committee  of  the  Whole  and  ordered  printed. 

On  motion  of  Mr.  Williams  of  3,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  further  consideration  of  the  General 
Orders   of  the   Calendar,   with   Mr.    Hayes   in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose.  President  Mur- 
ray resumed  the  chair,  and  Mr.  Hayes,  as  Chairman  of  the  Committee 
of  the  Whole,  made  report  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Reports  Nos.  4  and 
8,  and  that  thereon,  as  well  as  upon  the  residue  of  the  matter  referred 
to  us  we  have  made  progress  and   ask   leave  to  sit  again. 

S.    W.    HAYES,    Chairman. 

On  motion  of  Mr.  Ellis,  the  report  of  the  Committee  of  the  Whole 
was  adopted. 

Mr.  Hayes  moved  that  when  the  Convention  do  adjourn  it  ad- 
journ for  recess  until   2   p.  m. 

The  motion  prevailed. 

The  Convention  took   recess   until   2    p.   m. 

Altemoon    Session,    Monday,    January    14,    lUOT — 12    1*.    M. 

Convention  met  pursuant  to   recess.      Roll   call  was  omitted. 

Mr.  Williams  of  3,  moved  that  the  Convention  resolve  itself  into 
Committee  of  the  Whole,  for  the  further  consideration  of  General 
Orders.     The  motion   prevailed   and  Mr.   Hayes  was  called  to  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr. 
Hayes,  as  Chairman  of  the  Committee  of  the  Whole,  made  report  as 
follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to 
report  that  we  have  had  under  consideration  Committee  Reports  Nos. 
4  and  8,  and  that  as  to  an  amendment  by  Mr.  Johnston,  to  Committee 
Report  No.  8,  to  provide  that  "appeals,  writs  of  error  and  supersedeas 
shall  be  allowed  from  judgments  of  courts  in  proceedings  for  contempt 
in  like  manner  as  in  other  oases,"  we  have  made  progress  and  ask 
leave  to  sit  again.  S.    W.    HAYES,    Chairman. 


164  JOURNAL    OF    CONSTITUTIONAL 

On  motion  of  Mr.  Johnston,  the  Convention  took  recess  until 
7:30    p.    m. 

Night  Session,  Monday,  January  14,   1907 — 7:30  P.  M. 

The    Convention    met    pursuant    to    recess. 

Honorable  W.  H.  (Coin)  Harvey,  having  been  invited  to  visit  and 
address  the  Convention,  and  this  hour  having  been  set  apart  for  that 
purpose,  vpas  introduced  by  President  Murray  and  addressed  the  Con- 
vention on  "The  Effect  of  Character  Teaching  in  Public  Schools — It 
Will    Save    the   Republic." 

At  the  conclusion  of  the  address,  on  motion  of  Mr.  Johnston,  the 
Convention   gave   Mr.    Harvey    a    rising   vote   of   thanks. 

On  motion  of  Mr.  Langley,  the  Convention  took  recess  until  10  a. 
m.,    Tuesday,    January    15,    1907. 

^loi'iiing   Session,    Tuesday,    January    15,    1907 — 10    A.    M. 

Convention  met  pursuant  to  recess. 

Roll  called;  all  members  present  except  Messrs.  Akers,  Harrison  of 
45,  Hudson,  Kelly,  Lasater,  Turner,  Leahy  and  Wood  of  89;  Messrs. 
Akers,  Harrison  of  45,  Lasater,  Leahy  and  Turner  having  been  excused 
from  attending  the  day's  session. 

Mr.  Edley  presented,  by  request.  Petition  No.  174,  witli  11  signa- 
tures, praying  for  State-wide  Prohibition,  vi'hich  was  referred  to  the 
Committee  on  Liquor  Traffic. 

Mr.  Langley  presented,  by  request.  Petition  No.  17  5-  being  a  peti- 
tion with  30  signatures  from  Van's  Chapel,  praying  for  State-wide  Pro- 
hibition,  which  was  refen-ed  to   the  Committee  on   Liquor   Traffic. 

Mr.  Sandlin  presented,  by  request.  Petition  No.  176,  being  a  peti- 
tion with  35  signatures,  for  State-wide  Prohibition,  which  was  referred 
to   the   Committee  on   Liquor   Traffic. 

Mr.  Roberts  presented,  by  request,  Petition  No.  177,  of  citizens  of 
Welling,  praying  for  State-wide  Prohibition,  which  was  referred  to  the 
Committee  on  Liquor  Traffic. 

Mr.  Wyatt  presented,  by  request.  Petition  No.  178,  from  36  citizens 
of  Morale,  Oklahoma,  praying  for  State-wide  Prohibition,  which  was 
referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Sandlin  presented,  by  request.  Petition  No.  17  9,  being  a  peti- 
tion with  13  signatures,  for  State-wide  Prohibition,  which  was  referred 
to   the  Committee  on   Liquor   Traffic. 

Mr.  Sandlin  presented,  by  request,  Petition  No.  180,  being  a  peti- 
tion with  33  signatures,  for  State-wide  Prohibition,  which  was  referred 
to  the  Committee  on  Liquor  Traffic. 

Mr.  Kane  presented,  by  request,  Petition  No.    ISl,   being  a  petition 


CONVENTION    OF   OKLAHOMA.  165 

of  citizens  of  Kingfisher,   praying  for  State-wide  Proliiljition,   which   was 
referred   to  the   Committee   on   Liquor  TrafRc. 

Mr.  Tracy  introduced  Constitutional  Proposition  No.  404,  being  a 
proposition  to  provide  for  the  Requirement  of  Separate  Coaches  and 
Waiting  Rooms  for  White  and  Negro  Passengers,  and  to  be  Submitted 
as  a  Separate  Proposition,  which  was  read  by  title  and  referred  to  the 
Committee  on   Railroads  and   Public  Service  Corporations. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  further  consideration  of  General  Orders,  with  Mr.  Hayes  in 
the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Hayes,  as  Chairman  of  the  Com- 
mittee of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Reports  Nos.  4  and 
8,  and  that  thereupon,  and  upon  the  residue  of  the  matters  referred  to  us, 
we  have  made  progress  and  ask  leave  to  sit  again. 

S.    W.    HAYES,    Chairman. 

On  motion  of  Mr.  Chambers,  the  report  of  the  Committee  of  the 
Whole  was  adopted. 

On  motion  of  Mr.  Hayes,  the  Convention  took  recess  until   2   p.   m. 

Afteraoon   Session,   Tuesday,   January    15,    1907 — 3   P.    M. 

The  Convention  met  pursuant  to  recess. 

Roll  call   was   omitted. 

On  motion  of  Mr.  Ellis,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  for  further  consideration  of  General  Orders,  with 
Mr.   Hayes  in   the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Hayes, 
as  Chairman  of  the  Committee  of  the  Whole,  made  report  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that,  as  to  supplemental  section  offered  as  an  amendment  by  Mr.  Kane, 
as  follows:  In  all  jury  trials  at  law,  the  jury  shall  render  a  general 
verdict,  and  no  law  shall  be  passed  giving  the  Court  power  to  direct  the 
jury  to  make  findings  on  particular  questions  of  fact,  or  to  return  a 
special  verdict,  we  recommend  that  same  be  ordered  printed  and  refer- 
red to  the  Committee  on  Judiciary  and  Judicial  Department;  and  that 
as  to  the  original  reports,  Nos.  4  and  b!,  by  the  Committee  on  Preamble 
and  Bill  of  Rights,  we  recommend  that  they  be  adopted  as  amended  in 
the  Committee  of  the  Whole,  and  ordered  engrossed  and  passed  to  third 


166  JOURNAL    OF    CONSTITUTIONAL 

reading  and  final  passage,  and  upon  the  residue  of  the  matters  referred 
to  us,  we  report  progress  and  ask  leave  to  sit  again. 

S.   W.    HAYES,   Chairman. 

On   motion   of   Mr.   Ellis,   the   report   was  adopted. 

A  communication  from  Mr.  McNabb,  Secretary  of  the  Oklahoma 
Board  of  Agriculture,  was  read,  inviting  all  the  members  of  the  Conven- 
•tion  to  attend  the  meetings  of  the  Board,  now  in  session  in  the  City. 

On  motion  of  Mr.  Hayes,  a  vote  of  thanks  was  tendered  the  Okla- 
homa Board  of  Agriculture  for  the  invitation,  the  invitation  accepted  as 
to  individual  members  of  the  Convention,  and  an  invitation  extended  the 
Oklahoma  Board  of  Agriculture  to  attend  the  sessions  of  the  Conven- 
tion. 

On  motion  of  Mr.  Henshaw,  the  Convention  adjourned  until  10  a. 
m.,   Wednesday,    January    16,    1907. 

Morning  Session,   Wednesday,  January   16,    1907 — 10  A.   M. 

Convention    met   pursuant   to    adjournment. 

Roll  called;  all  members  present,  except  Messrs.  Akers,  Hudson 
and  Savage;  Messrs.  Akers  and  Savage  having  been  excused  by  the 
Convention   from   attending   the   day's  sessions. 

Mr.  Curl  was  excused  by  the  Convention  for  absence  from  Mon- 
day's  sessions,    his   absence   having   been   caused    by    important    business. 

Mr.  Chambers  presented,  by  request,  Petition  No.  182,  from  a 
committee  of  citizens  of  Antlers,  Indian  Territory,  relative  to  Judicial 
Department,  which  was  referred  to  the  Committee  on  Judicial  Appor- 
tionment. 

Mr.  Mathis  presented,  by  request.  Petition  No.  183,  from  the  Bar 
Association  of  Poteau,  I.  T.,  relating  to  Judicial  Apportionment,  which 
was  referred    to    the   Committee  on   Judicial   Apportionment. 

Mr.  Mathis  presented,  by  request.  Petition  No.  184,  from  the 
citizens  of  Antlers,  I.  T.,  relating  to  Judicial  Apportionment,  which 
was   referred    to   the   Committee   on    Judicial   Apportionment. 

Mr.  King,  Vice-Chairman  of  the  Committee  on  Rules  and  Pro- 
cedure,  made   report  as   follows: 

To  the  Constitutional  Convention:  We,  your  Committee  on  Rules, 
beg  leave  to  report  and  recommend  the  adoption  of  the  following 
rule:  That  Committee  Report  No.  16,  of  the  report  of  the  Committee 
on  Counties  and  County  Boundaries,  be  and  the  same  is  hereby 
advanced  to   the  first   place  on   the   Calendar  of   General   Orders. 

J.    F.    KING,    Vice-chairman. 

On   motion  of  Mr.   Williams  of   3,   the  report  was  adopted. 

On  motion  of  Mr.  Allen,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  for  the  consideration  of  General  Orders,  with 
Mr.   Hayes   in   the   chair. 


CONVENTION   OF   OKLAHOMA.  167 

At  the  noon  hour  the  Committee  of  the  Whole  rose,  President 
xMurray  resumed  the  chair,  and  Mr.  Hayes,  as  Chairman  of  the  Com- 
mittee   of   the    Whole,    made    report    as    follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  16,  being 
a  report  of  the  Committee  on  Counties  and  County  Boundaries,  and  that 
thereon,  as  well  as  upon  other  matters  referred  to  us,  we  have  made 
progress  and  ask  leave  to  sit  again. 

S.   W.   HAYES,   Chairman. 

On   motion  of  Mr.   Ellis,  the  report  was  adopted. 

On   motion,   the  Convention  took   recess  until    1:30   p.   m. 

Aftenioon    Session,    Wednesday,    January    16,    1907 — 1:30    P.    M. 

Convention  met  pursuant  to   recess. 

Roll   called;    a   quorum    found   to   be   present. 

On  motion,  the  Convention  resolved  itself  into  the  Committee  of 
the  Whole  for  further  consideration  of  the  General  Orders  of  the 
Calendar,    with    Mr.    Hayes    in    the    chair. 

After  consideraion  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Hayes, 
as   Chairman  of  the  Committee  of   the  Whole,   made   report   as    follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  having  had 
under  consideration  Committee  Report  No.  16,  beg  to  report  progress 
thereon,  as  well  as  upon  other  matters  referred  to  us,  and  ask  leave  to 
sit  again. 

S.   W.    HAYES,   Chairman. 

On  motion  of  Mr.  Ellis,  the  report  was  adopted. 

On  motion  of  Mr.  Pittman,  the  use  of  the  hall  was  granted  Mrs. 
Curtis,  of   Texas,   for  an   address   tonight. 

Mr.  Kornegay  requested  that  unanimous  consent  be  given  to  have 
printed  and  placed  on  the  desks  of  all  members  a  criticism  on  the  pro- 
posed Constitutional  Provision  for  Initiative  and  Referendum,  which 
criticism  was  prepared  by  Mr.  Shipley,  President  of  the  National  Fed- 
eration for  People's  Rule,  of  Washington,  D.  C.     The  request  was  granted. 

On  Motion,  Mr.  Tracy  was  excused  from  attending  the  sessions 
of    the    Convention    Thursday,    Friday    and    Saturday    of    this    week. 

On  motion  of  Mr.  Hayes,  the  Convention  took  recess  until  Thurs- 
day morning,   January   17,   1907,    10   a.   m. 

Morning   Session,   Thursday,   January    17,    1907 — 10   A.   M. 

Convention   met   pursuant  to   adjournment. 


168  JOURNAL    OF    CONSTITUTIONAL 

Roll  called;  all  members  present,  except  Messrs.  Akers  and  Sav- 
age, who  had  been  excused  by  the  Convention. 

Mr.  Bilby  presented,  by  request,  Petition  No.  185,  with  320  sig- 
natures, from  Alva,  Oklahoma,  for  State-wide  Prohibition,  which  was 
referred    to   the    Committee   on    Liquor    Traffic. 

Mr.  Sandlin  presented,  by  request.  Petition  No.  18G,  with  12  sig- 
natures, for  State-wide  Prohibition,  which  was  referred  to  the  Com- 
mittee on   Liquor   Traffic. 

Mr.  Fisher  presented,  by  request.  Petition  No.  1.87,  for  State-wide 
Prohibition,   which   was   referred   to   the   (Committee   on   Liquor   Traffic.^ 

Mr.  Roberta  presented,  by  request.  Petition  No.  188,  with  64  sig- 
natures, from  Chambers,  I.  T.,  for  State-wide  Prohibition,  which  was 
referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Roberts  presented,  by  request.  Petition  No.  189,  with  160  sig- 
natures, from  McAlester,  I.  T.,  for  State-wide  Prohibition,  which  was 
referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Roberts  presented,  by  request,  Prtition  No.  19  0,  with  5  6  sig- 
natures from  Ft.  Gibson,  I.  T.,  for  State-wide  Prohibition,  which  was 
referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Sorrells  presented  Petition  No.  191,  being  a  petition  of  the 
Bar  Association  of  Poteau,  I.  T.,  relating  to  Judicial  Apportionment, 
which  was  referred  to  the  Committee  on  Judicial  Apportionment. 

Mr.  Houston  presented,  by  request,  Petition  No.  192,  from  Fallis 
Sunday  School,  praying  for  State-wide  Prohibition,  which  was  referred 
to  the  Committee  on  Liquor  Traffic. 

Mr.  Jones  presented,  by  request.  Petition  No.  193,  relating  to  pro- 
visions Regulating  the  Practice  of  Medicine  and  for  Creating  a  Board 
of  Health,  which  was.  referred  to  the  Committee  on  Public  Health  and 
Sanitation. 

Mr.  Ramsey  presented,  by  request.  Petition  No.  19  4,  with  87  sig- 
natures, relating  to  provisions  for  Woman  Suffrage,  which  was  referred 
to  the  Committee  on  Suffrage. 

Mr.  Ramsey  presented,  by  request.  Petition  No.  195,  with  86  sig- 
natures, relating  to  provisions  for  Woman  Suffrage,  which  was  referred 
to  the  Committee  on   Suffrage. 

President  Murray  presented,  by  request.  Petition  No.  19  6,  from 
Mrs.  Threadgill,  President  of  the  Oklahoma  and  Indian  Territory  Fed- 
eration of  Women's  Clubs,  praying  for  provisions  for  General  Reforms, 
which  was  referred  to  the  Committee  on  Labor  and  Arbitration. 

Mr.  Murray  presented,  by  request,  Petition  No.  197,  being  a 
memorial  from  the  Methodist  Episcopal  Church,  South,  of  Springer, 
Indian  Territory,  praying  for  State-wide  Prohibition,  which  was  re- 
ferred   to    the    Committee   on    Liquor    Traffic. 


CONVENTION    OF   OKLAHOMA.  169 

]\Ir.  Murray  presented,  by  request,  Petition  No.  198,  being  a  peti- 
tion of  granite  cutters,  relative  to  Convict  Labor,  which  was  referred 
to  the  Committee  on  Labor  and  Arbitration. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  consideration  of  General  Orders,  with  Mr.  Hayes  in  the 
chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr.  Hayes,  as  Chairman  of  the  Com- 
mittee of  the  Whole,   made  report  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  16,  being 
the  report  of  the  Committee  on  Counties  and  County  Boundaries,  and 
that  thereon,  and  upon  the  residue  of  the  matters  referred  to  us,  we 
have  made  progress  and  ask  leave  to  sit  again. 

S.  W.   HAYES,   Chairman. 

On  motion  of  Mr.   Chambers,  the  report  was  adopted. 

On  motion  of  Mr.  Hayes,  the  Convention  took  recess  until 
2    p.    m. 

Afternoon   Session,   Thursday,   January    17,    1907 — 2   P.   IM. 

Mr.  Littlejohn  was  excused  from  attending  the  afternoon  session 
on  account  of  sickness. 

Mr.  Harned  was  excused  from  attending  the  sessions  of  Friday 
and  Saturday,   January   18   and    19,  on   account  of   important  business. 

On  motion  of  Mr.  Williams  of  3,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  for  consideration  of  Committee  Report 
No.   16,  with  Mr.  Hayes  in  the  chair. 

After  consideration  of  the  matter  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Hayes, 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  t.he  Whole  Convention,  to 
whom  was  referred  Committee  Report  No.  16,  being  a  report  of  the 
Committee  on  Counties  and  County  Boundaries,  beg  to  report  that 
we  have  had  same  under  consideration  and  recommend  that  the  location 
of  the  County  Seats  of  Beckham,  Seminole  and  Wagoner  Counties,  and 
Sections  2  and  3  of  said  report,  together  with  all  amendments  thereto 
proposed  in  Committee  of  the  Whole,  be  re-referred  to  the  Committee 
on  Counties  and  County  Boundaries,  and  that  upon  the  residue  of  said 
report,  we  have  made  progress  and  ask  leave  to  sit  again. 

S.   W.   HAYES,   Chairman. 

On   motion    of    Mr.    Ellis,    the    report   was    adopted. 

On   motion   of  Mr.   Rose,    the   Convention   resolved   itself   into   Com- 


170  JOURNAL    OF    CONSTITUTIONAL 

mittee  of  the  Whole,   for  further  consideration  of   General  Orders,   with 
Mr.  Hayes  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Hayes, 
as  Chairman  of  the  Committee  of  the  Whole,  made  report  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  5,  by  the 
Committee  on  Legislative  Department,  and  that  thereon  and  on  the 
residue  of  the  matters  referred  to  us,  we  have  made  progress  and  ask 
leave  to  sit  again. 

S.    W.    HAYES,    Chairman. 

On    motion,    the    report   was    adopted. 

The  Convention  took  recess  until  10  a.  m.,  Friday,  January  18, 
1907. 

Morning;    Se.ssion,    Fiiday,    January    18,    1907 — 10    A.    M. 

Convention   called   to  order;    President  Murray   in   the   chair. 

Prayer  by   Chaplain. 

Roll  call;  a  quorum  present.  Absent:  Messrs.  Frye,  Henshaw 
and  Tracy.  Mr.  Frye  was  excused  for  the  day  on  account  of  busi- 
ness. Mr.  Tracy  had  been  previously  excused  for  the  week.  Mr.  Hen- 
shaw was  excused  for  the  day  on  account  of  sickness.  Mr.  Rogers 
asked  to  be  excused  for  the  day  on  account  of  sickness;  request 
granted. 

Mr.  Roberts  presented  Petition  No.  199,  from  Moody,  Oklahoma, 
with  18  signatures,  for  State-wide  Prohibition, — referred  to  Committee 
on    Liquor   Traffic. 

Mr.  Roberts  presented  Petition  No.  200,  with  22  signatures,  from 
Beggs,  I.  T.,  for  State-wide  Prohibition, — referred  to  Committee  on 
Liquor  Traffic. 

Mr.  Roberts  presented  Petition  No.  201,  with  200  signatures,  from 
Guthrie,  Oklahoma,  for  State-wide  Prohibition, — referred  to  Committee 
on  Liquor  Traffic. 

Mr.  Sandlin  presented,  by  request.  Petition  No.  202,  from  81 
students  of  the  High  School  of  Stroud,  Oklahoma,  for  State-wide  Pro- 
hibition,— referred   to   Committee   on   Liquor   Traffic. 

Mr.  James  presented,  by  request.  Petition  No.  203,  relating  to  the 
Organization  of  Cimarron  County, — referred  to  Committee  on  Counties 
and  County  Boundaries. 

Mr.   Sorrells  presented,  by   request.   Petition  No.    204,   of   135   voters 
'of  Poteau,   I.   T.,   praying  for  State-wide   Prohibition, — referred   to   Com- 
mittee on    Liquor   Traffic. 

Mr.    Sorrells    presented,    by    request,     Petition    No.     205,     from    the 


CONVENTION    OF   OKLAHOMA.  171 

High  School  of  Poteau,  I.  T.,  for  State-wide  Prohibition, — referred  to 
Committee  on  Liquor  Traffic. 

]\Ir.  Leeper  introduced,  and  upon  his  motion,  Resolution  No. 
67,  being  a  Memorial  to  the  Congress  of  the  United  States,  was 
adopted  as  follows: 

Whereas,  This  Convention  has  received  information  that  the  Gov- 
ernment of  the  United  States  contemplates  the  discontinuance  of  the 
Indian  School  at  Carlisle,  Pennsylvania,  because  of  its  remote  distance 
from  the  Indians,  for  whose  benefit  it  was  established;  and, 

Whereas,  The  extinguishment  of  the  Tribal  Governments,  and 
closing  of  the  Tribal  Academies  and  Seminaries  of  the  Five  Civilized 
Tribes,  in  preparation  for  Statehood,  have  deprived  the  Indian  children 
of  the  Indian  Territory  part  of  the  State  of  Oklahoma  of  all  free  facilities 
for  education  above  the  common  school  grades;  and. 

Whereas,  There  are  also  a  large  number  of  Indian  children  in 
this  State  other  than  those  of  the  Five  Civilized  Tribes  for  whose 
higher  education  better  than  present  facilities  ought  to  be  provided; 
and, 

Whereas,  It  will  probably  fall  beyond  the  power  of  this  State  to 
provide  such  facilities  for  many  years  to  come;   and. 

Whereas,  A  school  in  this  State  would  be  in  convenient  distance  to 
thousands   of   Indian   children    in   other   nearby    states;    therefore. 

Be  it  resolved,  By  the  Convention  to  form  a  Constitution  for  the 
State  of  Oklahoma,  that  the  Congress  c^f  the  United  States  be  and  is 
hereby  requested  to  establish  a  school  in  this  State  similar  to  the  one 
at  Carlisle,  Pennsylvania. 

Resolved,  Further,  That  duly  authenticated  copies  of  this  resolu- 
tion be  transmitted  by  the  President  of  this  Convention  to  the  Senate 
and  House  of  Representatives  of  the  United  States,  and  to  Herbert 
Welch,  Secretary  of  Indian  Rights  Association,  of  Philadelphia,  Penn- 
sylvania. 

Mr.  Chambers,  Chairman  of  the  Special  Committee  on  Coal  and 
Asphalt  Lands,  reported  Resolutions  Nos.  6S  and  69,  being  Memorials 
to  the  Congress  of  the  United  States,  relating,  respectively,  to  the 
Right  of  the  State  to  Purchase  the  Segregated  Coal  and  Asphalt  Lands 
of  the  Choctaw  and  Chickasaw  Nations,  and  to  Appraisment,  Schedule 
and  Sale  of  Lots  in  Towns,  the  whole  or  parts  of  which  had  been  seg- 
regated  as  Coal  and  Asphalt  Lands. 

On  motion  of  Mr.  Williams  of  108,  Resolution  No.  68,  of  said 
report,  was  ordered  printed  and  placed  an  the  desk  of  the  members 
and  made  a  Special  Order  for  Saturday,  January  19,   1907. 

On  motion  of  Mr.  Chambers,  the  residue  of  said  report  was 
adopted,  carrying  with  it  the  adoption  of  Resolution  No.  69,  being  a 
Memorial  to  Congress;    report  and  Resolution  No.   69,  as   follows: 


172  JOURNAL    OF    CONSTITUTIONAL 

Mr.  President:  We,  your  Special  Committee  on  Segregated  Coal 
and  Asphalt  Lands  in  the  Indian  Territory,  beg  leave  to  report  the  fol- 
lowing Memorials  relative  to  the  Purchase  of  Said  Lands  and  Creating 
a  Commission  to  Negotiate  Therefor  and  relative  to  the  Platting  and 
Selling  of  Certain  Townsites  Located  Thereon,  which  said  Memorials 
are  hereto  attached  and  recommended  for  adoption  by  your  com- 
mittee. 

Respectfully  submitted, 

JAMES    H.    CHAMBERS,    Chairman. 

RESOLUTION   NO.   69 — MEMORIAL. 

To  the  President  of  the   United  States: 

To  the  Senate  and  House  of  Representatives  in  Congress  assembled: 

We,  the  Representatives  and  Delegates  of  the  people  of  Oklahoma 
and  Indian  Territory,  in  Constitutional  Convention  assembled,  most 
earnestly  approve  of  and  endorse  Document  No.  4  02,  House  of  Repre- 
sentatives, the  same  being  a  letter  from  the  Secretary  of  the  Interior, 
submitting  a  draft  of  proposed  legislation  to  enable  his  Department  to 
survey,  plat  and  appraise  certain  townsites  in  the  Indian  Territorj-;  and 
in  the  interest  of  our  citizens  residing  within  the  towns  mentioned  in 
said  document  and  owning  improvements  therein,  we  respectfully  beg 
and  petition  that  said  draft,  or  some  provision  covering  the  grounds 
thereof,  be  enacted  into  law,  a  copy  of  said  draft  being  as  follows, 
to-wit: 

That  in  addition  to  the  towns  heretofore  segregated,  surveyed  and 
scheduled  in  accordance  with  law,  the  Secretary  of  the  Interior  may 
segregate  and  survey,  within  that  part  of  the  Choctaw  Nation,  Indian 
Territory,  heretofore  segregated  as  Coal  and  Asphalt  Lands,  such  other 
towns  as  are  now  in  existence  or  which  he  may  deem  it  desirous  to 
establish.  He  shall  cause  the  surface  of  the  lots  in  such  towns  to  be 
appraised,  scheduled  and  sold  at  the  rates,  on  the  terms,  and  with  the 
same  character  of  estate  as  is  provided  in  Section  Twenty-nine  of  the 
Act  of  Congress,  approved  June  28,  1898,  (Thirtieth  Statutes  at  Large, 
Page  495),  under  regulations  to  be  prescribed  by  him.  Provided, 
Further,  That  the  provisions  of  Section  Thirteen  of  the  Act  of  Con- 
gress, approved  April  26th,  1906,  (Thirty-fourth  Statutes  at  Large, 
Page  137),  shall  not  apply  to  town  lots;  and,  Provided,  Further,  That 
the  Secretary  of  the  Interior  may,  in  his  discretion,  cause  the  lots  in  the 
town  of  Hartshorne,  Choctaw  Nation,  to  be  re-appraised  as  of  the  date  of 
the  original  appraisement  made  by  the  Choctaw  Townsite  Commission, 
that  payments  already  made  on  lots  therein  shall  be  credited  on  the 
basis  of  the  re-appraisement  and  that  payments  not  heretofore  made  on 
installments  due  or  past  due  under  the  original  appraisement  shall  be 
superceded  by  the  amounts  fixed  under  the  new  appraisement,  and  pay- 


CONVENTION    OP   OKLAHOMA.  173 

ment  shall  begin  and  date  from  thirty  days  after  the  service  of  notice 
of  the  re-appraisement;  And,  Provided,  Further,  That  the  Secretary  of 
the  Interior  may  also  survey,  appraise,  and  sell  as  town  lots  areas  here- 
tofore segregated  as  additions  to  towns  within  the  boundaries  of  any 
of  the  Five  Civilized  Tribes,  but  which  have  not  heretofore  been  sur- 
veyed, appraised  and  sold,  the  matter  of  scheduling  and  the  rates  at 
which  sold  to  conform  to  existing  law  concerning  those  subjects  in  the 
respective  Nations.  And  the  sum  of  Fifteen  Thousand  Dollars,  to  be 
immediately  available,  is  hereby  appropriated  for  the  expenses  incident 
to  the  completion  of  the  townsite  work. 

Mr.  Swarts  was  excused  from  session  on  account  of  sickness. 

On  motion  of  Mr.  Caudill,  the  Convention  went  into  Committee  of 
the  Whole,   for  consideration   of   General   Orders. 

At  the  noon  hour,  tho  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr  Hayes,  as  Chairman  of  the  Committee 
of  the  whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Canlendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Repoi'ts  Nos.  16  and  5, 
respectively,  being  reports  of  the  Committee  on  Counties  and  County 
Boundaries,  and  of  the  Committee  on  Legislative  Department,  and  that 
thereon,  as  well  as  upon  the  residue  of  the  matter  referred  to  us,  we 
have  made  progress  and  ask   leave  to   sit  again. 

S.  W.  HAYES,  Chairman. 

On  motion  the  report  was  adopted. 

The  Convention  took  recess  until  2  p.  m. 

Afteraoon    Session,    Friday,    January    18,    1907 — 2    P.    M. 

Convention  was  called  to  order;    President  Murray  in  the  chair. 

Roll   call   was   omitted. 

A  communication  was  read  from  C.  L.  Berry,  of  Pawnee,  Oklahoma, 
suggesting  a  motto  for  the  State  of  Oklahoma. 

A  communication  was  read  from  George  F.  Burgess,  Washington, 
D.  C,  a  member  of  Congress  of  Texas,  relating  to  a  Memorial  adopted 
by  this  convention,  praying  for  an  appropriation  for  the  improvement 
of  Red   River. 

Mr.  Wood  of  S,  presented,  ])y  request.  Petition  No.  2  06,  from  the 
Oklahoma  Board  of  Agriculture  and  Delegates  of  the  Farmers'  Institute, 
for  a  floral  emblem  for  the  State  of   Oklahoma. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  further  consideration  of  General  Orders,  with  Mr.  Hayes  in 
the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Hayes. 


174  JOURNAL    OF   CONSTITUTIONAL 

as  Chairman  of  the  Committee  of  the  Whole,    reported   as   follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  5,  by  the 
Committee  on  Legislative  Department,  and  that  thereon,  as  well  as 
upon  the  residue  of  the  matters  referred  to  us,  we  have  made  progress 
and  beg  leave  to  sit  again. 

S.  W.   HAYES,  Chairman. 

On  motion  of  Mr.  Ellis,  the  report  was  adopted. 

On  motion  of  Mr.  Allen,  the  vote  to  adopt  that  part  of  the  report 
of  the  Commitee  of  the  Whole,  recommending  that  certain  portions  of 
Committee  Report  No.  16  be  re-referred  to  the  Committee  on  Counties 
and   County  Boundaries,   was  reconsidered. 

On  motion  of  Mr.  Hayes,  said  unfurnished  report  was  re-referred  to 
the  Committee  of  the  Whole. 

Mr.  Allen,  Chairman  of  the  Committee  on  Counties  and  County 
Boundaries,  filed  an  amended  report,  which  was  ordered  printed  and 
referred  to  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Chambers,  the  Convention  adjourned  until  10 
o'clock   a.   m.,   Saturday,   January   19th,    1907. 

Morning   Session,    Saturday,    January    19,    1907 — 10   A.    M. 

Convention   called   to   order,    President   Murray    in   the   chair. 

Invocation  by  Reverend  Mr.  Sweet,   of  Muskogee. 

Roll  call;  a  quorum  present.  Absent:  Messrs.  Akers,  Frye,  Gra- 
ham, Harned,  Johnston,  Savage,  Swarts  and  Tracy.  Messrs.  Akers, 
Harned,  Graham  and  Tracy  having  been  excused  on  account  of  business. 
Messrs.  Johnston  and  Swarts  were  excused  on  account  of  sickness. 

Mr.  Littlejohn  asked  to  be  excused  from  attending  sessions  of  Mon- 
day,  Tuesday  and  Wednesday  of  next  week;    request  granted. 

Mr.   Banks   was   excused   from   attending   Monday's   sessions. 

Mr.  Asp  presented,  by  request.  Petition  No.  2  07,  with  4  81  signa 
tures,  from  West  Guthrie,  for  State-wide  Prohibition,- — referred  to  Com- 
mittee on  Liquor  Traffic. 

Mr.  Ramsey  presented,  by  request.  Petition  No.  208,  with  43  signa- 
tures, for  State-wide  Prohibition, — referred  to  Committee  on  Liquor 
Traffic. 

Mr.  Edley  presented,  by  request,  Petition  No.  209,  with  32  signa- 
tures, from  Lawton,  for  State-wide  Prohibition, — referred  to  Com- 
mittee on  Liquor  Traffic. 

Mr.  Ramsey  presented,  by  request,  Petition  No.  210,  with  90  signa- 
tures, for  Woman  Suffrage, — referred  to   Committee  on  Suffrage. 

Mr.  Hunt  presented,  by  request,   Petition  No.   211,   with   337   signa- 


CONVENTION    OF    OKLAHOMA.  175 

tures,    for    State-wide    Pi'oliibition, — referred    to    Committee    on    Liquor 
Traffic. 

Mr.  Pittman  presented,  by  request,  Petition  No.  212,  with  58  signa 
tures,  from  Kingfisher,  Oklahoma,  for  provision  for  Pensioning  Disabled 
Firemen, — referred  to  Committee  on  Insurance. 

Mr.  Hendricks  presented,  by  request.  Petition  No.  213,  from  Grant 
County,  Oklahoma,  for  State-wide  Prohibition, — referred  to  Committee 
on   Liquor  Traffic. 

Mr.  Lasater  presented,  by  request.  Petition  No.  214,  a  communica- 
tion from  L.  P.  McCord,  Lindsay,  I.  T.,  relating  to  Control  of  Public 
Service  Corporations, — referred  to  Committee  on  Railroads  and  Public 
Service  Corporations. 

Mr.  Caudill  introduced  Resolution  No.  70,  relating  to  Smoking  in 
Convention  Chamber, — referred  to  the  Committee  on  Rules  and  Pro- 
cedure. 

Mr.  Henshaw  introduced  Resolution  No.  71,  and  on  his  motion  same 
was  adopted,  as  follows: 

Be  it  resolved.  That  the  compensation  of  the  Journal  Clerk  of  this 
Convention  be  and  is  hereby  fixed  at  $6.00  per  day,  to  date  from  the 
22nd  day  of  December,  190  6,  in  lieu  of  the  amount  of  compensation 
fixed    by    this   Convention. 

GEO.   A.    HENSHAW. 

Mr.  Bilby,  Chairman  of  the  Committee  on  Immigration,  made  Report 
No.  20, — ordered  printed  and  referred  to  the  Committee  of  the  Whole. 

The  President  appointed  as  a  Board  of  Health  to  the  Convention, 
Messrs.  Bilby,  Newell  and  Lee.  On  motion  of  Mr.  Ellis,  the  appointment 
was  confirmed. 

Mr.  Cobb  introduced  Constitutional  Proposition  No.  405,  relating  to 
Terms  of  County  and  State  Officers,  read  by  title  and  referred  to  the 
Committee  on  Executive  Department. 

Mr.  Mitch  introduced,  by  request,  Constitutional  Proposition  No. 
406,  relating  to  Judiciary  System  and  Preventing  the  Law's  Delay, — read 
by  title  and  referred  to  the  Committee  on  Judicial  Department. 

Mr.  Hogg  introduced  Constitutional  Proposition  No.  40  7,  defining 
Extortion  and  Providing  Relief, — read  by  title  and  referred  to  the  Com- 
mittee on  Private  Corporations. 

Mr.  Hogg  introduced  Constitutional  Proposition  No.  108,  a  i)roposi- 
tion  to  Conserve  the  Administration  of  Justice, — read  by  title,  and 
referred  to  the  Committee  on  Judiciary  and  Judicial  Department. 

Mr.  Hopkins  introduced  Constitutional  Proi)osition  No.  109,  relating 
to  the  Sale  of  the  Coal  and  Asphalt  Lands  of  the  Choctaw  and  Chickasaw 
Nations, — read  by  title  and  referred  to  the  Committee  on  Coal,  Oil,  Gas, 
Asphalt  and  Timber  Lands. 

On  motion  of  Mr.  Pittman,  the  Convention  resolved  itself  into  Com- 


176  JOURNAL   OF    CONSTITUTIONAL 

mittee  of  the  Whole,  for  consideration  of  Special  Orders,  with  Mr.  Hayea 
in  the  chair. 

After  consideration  of  Special  Orders,  the  Committee  of  the  Whole 
rose,  President  Murraj'  resumed  the  Chair,  and  Mr.  Hayes,  as  Chairman 
of  the  Committee  of  the  Whole,  made  report  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  Special  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Resolution  No.  68,  of  the  Report 
of  the  Special  Committee  on  Coal  and  Asphalt  Lands,  and  that  thereon 
we  have  made  progress  and  ask  leave  to  sit  again. 

S.    W.    HAYES,    Chairman. 

The   report  was  adopted. 

On  motion  of  Mr.  Pittman,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  for  consideration  of  General  Orders,  with  Mr. 
Hayes  in  the  chair. 

At    the    noon    hour,    the    Committee    of    the    Whole    rose,    President 
Murray    resumed    the   chair,    and   Mr.    Hayes,    as    Chairman   of   the    Com- " 
mittee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  16,  by  the 
Committee  on  Counties  and  County  Boundaries,  and  that  thereon,  as 
well  as  upon  the  residue  of  the  matters  referred  to  us,  we  have  made 
progress  and  ask  leave  to  sit  again. 

S.   W.   HAYES,    Chairman. 

On   motion  of  Mr.   Roberts,   the   report  was  adopted. 

On  motion  of  Mr.  Herring,  the  Convention  took  recess  until  2  p.  m. 
Afternoon   Session,    Saturday,   January   19,    1907 — 2   P.    M. 

Convention  called  to  order;    President  Murray   in  the  chair. 

Roll  call  omitted. 

On  motion  of  Mr.  Leahy,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole  for  further  consideration  of  General  Orders,  with 
Mr.  Hayes  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Hayes, 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  16.  and 
that  thereon,  as  well  as  upon  the  residue  of  the  matters  referred  to  us, 
we  have  made  progress  and  ask  leave  to  sit  again. 

S.   W.    HAYES,    Chairman. 

On  motion  of  Mr.  Roberts,  the  report  was  adopted. 


CONVENTION   OF   OKLAHOMA.  177 

On  motion  of  Mr.  Ellis,  the  Convention  adjourned  until  10  a.  m., 
Monday,    January    21st,    1907. 

CONVENTION  CHAMBER. 
Morning   Session,    Monday,    January    21,    1907 — 10    A.    M. 

Convention  called  to  order.  President  Murray  in  the  chair. 

Invocation   by   Reverend   Mr.    Disch.    of   Guthrie. 

Roll  called;  a  quorum  present.  Absent:  Alderson,  Banks,  Cobb, 
Frye,  Hausam,  Hopkins,  Johnston,  Lasater,  Littlejohn,  Mitch,  Messenger, 
Norton,  Quarles,   Roberts,   Stowe,   McClain. 

Mr.  Hopkins  was  excused  from  sessions  of  Monday  and  Tuesday, 
January  21st  and  22nd,  on  account  of  business.  Messrs.  Banks  and 
Littlejohn  had  been  previously  excused  for  the  day. 

Messrs.  Johnston,  Roberts,  McClain  and  Stowe  were  excused  on 
account    of    sickness. 

Mr.  Ledbetter  presented,  by  request.  Petition  No.  213,  of  R.  J. 
Shive  and  41  other  citizens  of  Arapaho,  praying  that  juries  in  probate 
and  justice  courts  consist  of  three  persons,  which  was  referred  to  the 
Committee    on    Executive    Department. 

Mr,  Bryant  presented,  by  request.  Petition  No.  216,  with  3  2  signa- 
tures, from  Washita  County,  for  State-wide  Prohibition, — referred  to 
Committee  on  Liquor  Traffic. 

Mr.  Sorrells  presented,  by  request,  Petition  No.  217,  from  citizens 
of  Le  Flore  County,  praying  that  the  location  of  the  County  Seat  of 
said  County  be  reconsidered, — referred  to  the  Committee  on  Counties 
and  County  Boundaries. 

Mr.  Maxey  presented,  by  request.  Petition  No.  218,  from  printers 
and  newspapermen  of  Shawnee,  relating  to  Public  Printing, — referred 
to  Committee  on  Public  Printing, 

Communication  of  John  A.  Clark,  Petition  No.  219,  relating  to 
Location  of  Capitol,  was  referred  to  the  Committee  on  Counties  and 
County   Boundaries. 

Mr.  Weaver  introduced  Resolution  No.  72,  being  a  Memorial  to 
Congress  to  Limit  Sales  of  Alienable  Lands  in  the  Indian  Territory. 
Went  over  under  the  rules. 

Mr.  Rose  introduced  Resolution  No.  73,  being  a  resolution  to  pro- 
vide for  an  Investigating  Committee;    withdrawn. 

On  motion  of  Mr.  Chambers,  Consideration  of  Resolution  No.  GS  was 
made  a  Special  Order  for-  the  afternoon  session. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  the  consideration  of  General  Orders,  with  Mr.  Hayes  in  the 
chair. 


178  JOURNAL   OF    CONSTITUTIONAL 

Al  the  noon  hour,  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Hayes,  as  Chairman  of  the  Com- 
mittee   of    the    Whole,    reported    as    follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Reports  Nos.  16  and 
11,  being  Reports,  respectively,  of  the  Committee  on  Counties  and 
County  Boundaries,  and  of  the  Committee  on  Railroads  and  Public 
Service  Corporations,  and  that  thereon,  as  well  as  upon  the  residue  of 
the  matters  referred  to  us,  we  have  made  progress,  and  ask  leave  to  sit 
again. 

S.    W.    HAYES,    Chairman. 

On   motion  of  Mr.  Ellis,   the  report  was  adopted. 

On  motion  of  Mr.   Hayes,  the  Convention  took   recess  until    2    p.    m. 

CONVENTION  CHA3IBEK. 
Afternoon    Session,    Monday,    January   31,    1907 — 2    P.    M. 

Convention    called    to    order;     President    Murray    in    the    chair. 

Resolution  No.  68,  having  been  made  the  Special  Order,  was  taken 
up    for    consideration. 

Mr.   Leahy   moved   to  adopt. 

Mr.  Williams  of  108,  moved  to  amend  by  inserting  following  Section 
3,  the  proviso  as  appears  in  the  resolution  adopted. 

Resolution,  as  amended,  was  adopted  as  follows: 

RESOLUTION     NO.     68. — >IEMOKIAL. 

(Submitted  by   the  Committee  on   Coal,   Gas   and  Timber  Lands.) 
To  the  President  of  the  United  States: 
To  the  Senate  and   House  of  Representatives  in   Congress  Assembled: 

We,  the  Representatives  and  Delegates  of  the  people  of  Oklahoma 
and  Indian  Territory,  in  Constitutional  Convention  assembled,  would 
respectfully  show  and   represent: 

First — That  on  the  12th  day  of  January,  1907,  the  Constitutional 
Convention  of  the  proposed  State  of  Oklahoma,  did,  by  resolution  pro- 
vide for  the  appointment  of  a  Commission  to  investigate  the  value  and 
expense  of  the  Segregated  Coal  and  Asphalt  land  in  the  Choctaw  and 
Chickasaw  Nations,  in  the  Indian  Territory,  and  to  enter  into  negotia- 
tions with  said  Choctaw  and  Chickasaw  Nations  with  a  view  of  the 
State  of  Oklahoma  purchasing  said  segregated  lands,  a  copy  of  which 
resolution  is  hereto  attached. 

Second — That  it  is  the  intention  and  desire  of  the  State  of  Okla- 
homa, if  it  is  within  its  ability  to  do  so,  to  purchase  said  segregated 
lands  and  make  the  same  a  part  of  the  permanent  School  Fund  of  the 
State. 


CONVENTION    OF   OKLAHOMA.  179 

Third — That  it  is  the  desire  of  the  Constitutional  Convention  that 
said  Commission  have  the  good  will  and  sui)i)ort  of  the  Executive 
Department  and  Congress;  Provided,  That  this  Memorial  shall  not  be 
construed  as  advocating  or  opposing  the  sale  at  this  time  of  the  surface 
of  said   land  separate   from  the   mineral   thereunder. 

We,  therefore,  respectfully  ask  and  petition  that  no  action  be  taken 
which  would  tend  to  interfere  with  or  prevent  the  State  of  Oklahoma 
from  purchasing  said  Segregated  Coal  and  Asphalt  Land,  but  that  our 
action  in  this  regard  receive  your  co-operation  and  approval.  It  is  the 
intention  that  if  the  State  should  become  the  purchaser  of  said  segre- 
gated land,  to  sell  the  surface  thereof  to  actual,  bona  fide  settlers,  and 
to  reserve  the  Coal  and  Asphalt  deposits  thereunder,  and  have  the  same 
operated  for  the  benefit  of  the  Schools  of  the  State. 

We  also  desire  to  urge  that  no  action  be  taken  with  reference  to 
said  segregated  lands,  or  the  mineral  deposits  thei'eunder,  that  would 
tend  to  build  up  trusts  or  monopolies,  which  it  would  be  beyond  the 
power  of  the  State  to   regulate  and  control. 

It  is  the  intention  that  the  said  Commission  shall  begin  its  labors 
as  early  as  possible,  so  that  you  may  know  before  the  convening  of  the 
next  session  of  Congress  whether  or  not  the  State  can  and  will,  if  per- 
mitted   to   do   so,    purchase   said   segregated   lands. 

To  the  ends  above  stated,  we  most  earnestly  solicit  your  favorable 
consideration. 

On  motion  of  Mr.  Leahy,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  for  consideration  of  the  General  Orders  of  the 
Calendar,  with  Mr.  Hayes  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose.  President  'Murray  resumed  the  chair,  and  Mr. 
Hayes,  as  Chairman  of  the  Committee  of  the  Whole,  reported  as  fol- 
lows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  11,  by 
the  Committee  on  Railroads  and  Public  Service  Corporations,  which  we 
recommend  to  be  ordered  engrossed  and  passed  to  its  third  reading  and 
final  passage,  as  amended  in  the  Committee  of  the  Whole;  and  Com- 
mittee Report  No.  16,  which  we  recommend  to  be  ordered  engrossed  and 
passed  to  its  third  reading  and  final  passage,  as  amended  in  Committee 
of  the  Whole,  with  the  exception  of  Line  5,  Page  3,  Section  28,  relating 
to  the  location  of  the  County  Seat  of  Harper  County,  upon  which,  as 
well  as  ui)on  the  residue  of  the  matters  referred  to  us,  we  have  made 
progress  and   ask  leave  to  sit   again. 

S.    W.    HAYES,    Chairman. 

On  motion  of  Mr.  Moore,  the  report  was  adopted. 


180  JOURNAL   OF    CONSTITUTIONAL 

The  Couvention  took  recess  until  10  a.  m.,  Tuesday,  January  2  2. 
1907. 

CONVENTION  CHAMBER. 
3Iorning   Session,   Tuesday,   January   22,    1907 — 10   A.   M. 

Convention  called  to   order;    President   Murray  in   the   chair. 
Prayer    by    Chaplain. 

Roll  call;  a  quorum  present.  Absent:  Messrs.  Alderson,  Cobb, 
Frye,  Harned,  Hausam,  Helton,  Hopkins,  Johnston,  Lasater,  Littlejohn, 
Mathis,  Norton,  Stowe;  Messrs.  Hopkins  and  Littlejohn  had  been  pre- 
viously excused.  Messrs.  Alderson,  Hausam,  Johnston,  Lasater,  Mathrs, 
Stowe  and  Norton  were  excused  on  account  of  sickness. 

Messrs.  Hunt,  Messenger  and  Mitch  were  excused  for  absence  of  yes- 
terday  on   account   of  sickness. 

Mr.  Noah  B.  Wickham,  Superintendent  Children's  Home  Society,  of 
Oklahoma  City,  being  present,  addressed  the  Convention. 

On  motion  of  Mr.  Hayes,  Committee  Report  No.  11,  was  recalled 
from  the  Committee  on  Revision,  Compilation,  Style  and  Arrangement, 
and  re-referred  to  the  Committee  of  the  Whole. 

Two  bunches  of  alfalfa  were  presented  at  the  President's  desk  with 
a   communication   as   follows: 

"These  stalks  of  alfalfa  are  taken  from  a  field  six  years  old. 
Twenty-nine  crops  have  been  harvested  from  the  field,  making  a  total 
tonnage  of  thirty-six  tons  per  acre,  netting  a  profit  in  these  six  years 
of  $221.-50  per  acre,  or  averaging  per  year  $36.91  per  acre.  The  land 
was  bought  for  $25.00  per  acre  and  can  now  be  sold  for  $110.00  per 
acre,  but  having  yielded  a  net  annual  return  of  more  than  six  per  cent 
on  $600.00  per  acre,  it  is  not  for  sale.  .  Why  shouldn't  the  alfalfa  blos- 
som be  the  State  flower? 

"Grown  by  Ewers  White,  Proprietor  Sunnyside  Farm,  McLoud, 
O.    T." 

On  motion  of  Mr.  Chambers,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  consideration  of  the  General  Orders  of  the 
Calendar,   with   Mr.   Hayes  in   the  chair. 

At  the  noon  hour  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr.  Hayes,  as  Chairman  of  the  Com- 
mittee of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  11,  by  the 
Committee  on  Railroads  and  Public  Service  Corporations;  Committee 
Report  No.  6,  by  the  Committee  on  Geological  Survey;  CommitLee 
Reports  Nos.  10,  12,  13,  14,  17,  18,  all  by  the  Committee  on  Railroads 
and  Public  Service  Corporations,   and   respectfully  recommend   that  said 


CONVENTION    OF   OKLAHOMA.  181 

reports  be  adopted  as  amended  In  Committee  of  the  Whole,  be  ordered 
engrossed,  and  passed  to  their  third  reading  and  final  passage;  and  that 
upon  the  residue  of  the  matters  referred  to  us,  we  have  made  progress 
and  ask  leave  to  sit  again. 

S.  W.   HAYES,   Chairman. 

On  motion  of  Mr.  Wills,  the  report  was  adopted- 

The  Convention  took  recess  until  10  a.  m.,  Wednesday,  January 
23,    1907. 

COm^NTION  CHAMBER. 
Morning  Session,   Wednesday,  Janviary  23,   1907 — 10  A.  M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

invocation  by  Dr.   Young,   of  Ardmore. 

Roll  called;  quorum  present.  Absent:  Messrs.  Frye,  Helton,  Har- 
ned,  Hopkins,  Johnston,  Littlejohn,  Mathis  and  Norton.  Mr.  Helton  was 
excused  for  yesterday  and  today  on  account  of  sickness.  Mr.  Cobb  was 
excused   for   Monday   and   Tuesday. 

Mr.  Cochran  was  excused  until  Tuesday  of  next  week  on  account  of 
business. 

Messrs.  Hopkins  and  Littlejohn  had  previously  been  excused.  Mr. 
Johnston  was  excused  on  account  of  sickness. 

On  account  of  the  absence  of  Mr.  Harned,  Mr.  Bilby  was  appointed 
Chairman  pro-tempore  of  the  Committee  on  State  and  School  lands. 

Mr.  Murray  presented,  by  request,  Petition  No.  22  0,  praying  for 
Provisions  for  Woman  Suffrage,  from  Mrs.  Kate  H.  Diggers,  President 
of  the  W^oman's  Suffrage  Association, — referred  to  the  Committee  on 
Suffrage. 

Mr.  Bilby  presented,  by  request,  Petition  No.  2  21,  of  128  students 
of  the  Northwestern  Normal,  Alva,  Oklahoma,  for  State-wide  Prohibi- 
tion,— referred  to   the   Committee  on   Liquor  Traffic. 

Mr.  Hayes  presented,  by  request.  Petition  No.  2  2  2,  with  109  sig- 
natures, from  Chickasha,  Indian  Territory,  for  Woman  Suffrage, — refer- 
red to  the  Committee  on  Suffrage. 

Mr.  Caudill  presented,  by  request.  Petition  No.  2  23,  being  a  protest 
from  Oklahoma  City,  Oklahoma,  against  Local  Option, — referred  to  the 
Committee   on    Liquor    Traffic. 

Mr.  Ramsey  presented,  by  request.  Petition  No.  2  24,  with  181  sig- 
natures,  for  Woman   Suffrage, — referred   to   the   Committee   on   Suffrage. 

Mr.  Copeland  presented,  by  request,  Petition  No.  22  5,  of  143  resi- 
dents of  Fairland,  I.  T.,  praying  for  Provisions  for  Woman  Suffrage, — 
referred   to  the   Committee  on   Suffrage. 

Mr.  Herring  presented,  by  request.  Petition  No.  22G,  with  4G  signa- 
tures, from  Elk  City,  Oklahoma,  for  Woman  Suffrage, — referred  to  the 
Committee  on  Suffrage. 


182  JOURNAL    OF    CONSTITUTIONAL 

Mr.  Roberts  presented,  by  request,  Petition  No.  2  27,  with  101  sig- 
natures, from  Oklahoma  City,  for  State-wide  Prohibition, — referred  to 
the  Committee   on  Liquor  Traffic. 

Mr.  Board  presented,  by  request,  Petition  No.  2  28,  being  a  Memorial 
from  Okmulgee,  Indian  Territory,  praying  for  an  early  election, — refer- 
red to  the  Committee  on  Privileges  and  Elections. 

Mr.  Roberts  presented  Petition  No.  2  29,  with  50  signatures,  from 
Cordell,  Oklahoma,  for  State-wide  Prohibition, — referred  to  the  Com- 
mittee on  Liquor  Traffic. 

Mr.  Roberts  presented  Petition  No.  2  30,  with  100  signatures,  from 
Wewoka,  I.  T.,  for  State-wide  Prohibition, — referred  to  the  Committee 
on  Liquor  Traffic. 

•  Mr.  Roberts  presented  Petition  No.  231,  with  50  signatures,  from 
Martha,  Oklahoma,  for  State-wide  Prohibition, — referred  to  Committee 
on   Liquor  Traffic. 

Mr.  Graham  presented,  by  request,  Petition  No.  232,  being  a 
Memorial  from  a  mass  meeting  of  citizens  at  Leon,  I.  T.,  Mrs.  Mattie 
Keltner,  Secretary,  praying  that  the  alfaUa  blossom  be  made  the  State 
floral   emblem, — referred   to   the   Committee  on  General   Provisions. 

Mr.  Roberts  presented  Petition  No  233,  being  a  protest  of  the 
churches  of  Oklahoma  City  against  Mr.  Hughes'  proposition  on  Liquor 
Traffic, — referred   to   Committee   on   Liquor   Traffic. 

On  motion  of  Mr.  Williams  of  108,  Committee  Report  No.  10,  by 
the  Committee  on  Railroads  and  Public  Service  Corporations,  was  with- 
drawn from  the  Committee  on  Revision,  Compilation,  Style  and  Arrange- 
ment, and  re-referred  to  the  Committee  of  the  Whole. 

Consideration  of  Committee  Reports  Nos.  10,  15,  19  and  20,  by 
the  Committee  of  the  Whole  being  called  for,  the  Convention  resolved 
itself  into  Committee  of  the  Whole  for  consideration  of  said  General 
Orders,  with  Mr.   Hayes  in  the  chair. 

Mr.  Rose  moved  to  reconsider  Committee  Report  No.  14,  which 
motion  was  lost. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Hayes,  as  Chairman  of  the  Com- 
mittee of  the  Whole,   reported   as   follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  report  No.  15,  by  the 
Committee  on  General  Provisions,  and  that  thereon,  as  well  as  upon  the 
residue  of  the  matters  referred  to  us.   we  have  made  progress,   and  ask 

leave  to  sit  again. 

S.  W.   HAYES,   Chairman. 

On   motion   of   Mr.   Parker,   the   report   was   adopted. 


CONVENTION    OF   OKLAHOMA.  183 

Convention  took  recess  until  10  o'clock  a.  m.,  Thursday,  January 
24,  1907. 

CONVENTION  CHAMBER. 
Fleming   Session,   Thursday,   January  24,    1J>07 — 10   A.    M. 

Convention   called  to   order;    President  Murray   in  the  chair. 

Chorus,   "Nearer  My  God  to  Thee."   Prayer  by  Chaplain. 

Roll  called;  quorum  present.  Absent:  Messrs.  Cochran,  Harned, 
Harris,  Henshaw,  McClure,  Langley,  Mathis,  Norton  and  Stowe,  all  of 
whom  were  excused  on  account  of  sickness. 

Francis  Burke,  Page,  being  unable,  on  account  of  sickness,  to 
attend  the  sessions,  was  excused  indefinitely  and  William  E.  L.  Durant 
was  placed  on  salary  in  his  stead. 

Mr.  Parker  was  appointed  Chairman  pro-tempore  of  the  Committee 
on  Executive  Department,  vice  Mr.   Johnston,  unable  to  attend. 

On    motion,    the    appointment    was    confirmed. 

Mr.  Rice,  Chairman  of  the  Committee  on  State  Militia,  filed  Reports 
Nos.  2  2,  23,  2  4,  which  were  read,  referred  to  the  Committee  of  the 
Whole,  and  ordered   printed. 

Consideration  of  three  General  Orders  having  been  called  for,  the 
Convention  resolved  itself  into  Committee  of  the  Whole,  with  Mr.  Hayes 
in    the    chair. 

At  the  noon  hour.  Committee  of  the  Whole  rose,  President  Murray 
resumed  the  chair,  and  Mr.  Hayes,  as  Chairman  of  the  Committee  of  the 
Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  5,  by  the 
Committee  on  Legislative  Department,  and  that  thereon,  and  upon 
the  residue  of  the  matters  referred  to  us,  we  have  made  progress  and 
ask  leave  to  sit  again. 

S.   W.   HAYES,   Chairman. 

On  motion  of  Mr.  Ellis,  the  report  was  adopted. 

The  Convention  took  recess  until  10  a.  m.,  Friday,  January  25, 
1907. 

CONVENTION  (  HAMBER. 
Morning    Session,    Friday,    January    25,    1907 — 10    A.    M. 

Convention  called  to  order;  President  Murray  in  the  chair.  Prayer 
by  Chaplain. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Allen,  Bowers, 
Cochran,  Fisher,  Gardner,  Harned,  Harris,  Harrison  of  45,  Harrison  of 
8  8,  Henshaw,  Herring,  Hill,  Hopkins,  Hudson,  Johnston,  Jones,  Kane, 
Kelly,  Langley,  Latimer,  Leeper,  McClure,  Mathis,  Norton  and  Stowe. 


184  JOURNAL   OF   CONSTITUTIONAL 

Messrs.  Langley,  Kelley,  Gardner,  Hill  and  Stowe  were  excused  for 
the   day   on  account  of  sickness. 

Messrs.  Allen,  Bowers,  Jones,  Latimer  and  Tucker  were  excused 
until  Monday,  January  28,  on  account  of  sickness.  Messrs.  Herring  and 
Kane  were  excused  until  Monday  on  account  of  business.  Mr.  Caudill 
was  excused  on  account  of  business  until  Wednesday,   January   30tli. 

Messrs.  Cochran,  Harned,  Harris,  Henshaw,  McClure,  Mathis  and 
Norton    had   been    previously    excused. 

Mr.  Ledbetter,  Chairman  of  the  Committee  on  Judiciary  and  Judi- 
cial Department,  filed  Report  No.  2  5,  which  was  read, — referred  to  Com- 
mittee of  the  Whole  and  ordered  printed. 

Mr.  Major,  Chairman  of  the  Committee  on  Mines  and  Mining,  filed 
Report  No.  26,  which  was  read, — referred  to  the  Committee  of  the 
Whole  and  ordered  printed. 

Mr.  Tracy,  Chairman  of  the  Committee  on  General  Provisions,  filed 
Report  No.  2  7,  relating  to  Status  of  Trusts  and  Monopolies,  which  was 
read, — referred  to  the  Committee  of  the  Whole  and  ordered  printed. 

Mr.  Tracy,  Chairman  of  the  Committee  on  General  Provisions,  filed 
Report  No.  28,  being  a  proposition  to  provide  for  a  State  Commissioner 
of  Charities  and  Correction,  which  was  read, — referred  to  the  Commit- 
tee of  the  Whole,  and  ordered  printed. 

Mr.  Hendricks,  Chairman  of  the  Committee  on  Agriculture,  filed 
Report  No.  29,  which  was  read,— referred  to  the  Committee  of  the  Whole 
and  ordered  printed. 

Mr.  Hausam,  Chairman  of  Committee  on  Public  Lands  and  High- 
ways, and  Internal  Improvements,  filed  report,  which  was  read, — reier- 
red  to  Committee  of  the  Whole  and  ordered  printed. 

The  following  telegram  was  read  and  i-eferred  to  the  Committee  on 
Judicial   Department: 

"South  McAlester,  I.  T.,  January  24,  1907. 
"Honorable  Pete  Hanraty,  Guthrie,  Okla. 

"McAlester  Chamber  of  Commei*ce  extends  invitation  to  Constitu- 
tional Convention  to  hold  its  sessions  in  McAlester  during  smallpox 
epidemic.     Convention  Hall  furnished. 

"(Signed)      W.    H.    FULLER, 
"President  Chamber  of  Commerce." 
Consideration  of  three   General  Orders  having  been  called   for,   the 
Convention  resolved  itself  into  Committee  of  the  Whole,  with  Mr.  Hayes 
in    the    chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr.  Hayes,  as  Chairman  of  the  Com- 
mittee of  the  Whole,  reported  as  follows: 

Mr.   President:      We,  your  Committee  of  the   Whole  Convention,   to 


CONVENTION   OF   OKLAHOMA.  185 

whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  5,  by  the 
Committee  on  Legislative  Department,  and  as  to  the  amendment  by  Mr. 
Murray,  we  recommend  that  same  be  printed  and  copies  thereof  be 
placed  upon  the  desks  of  members  on  Saturday  morning,  January  26, 
1907;  and  as  to  the  residue  of  said  report,  and  upon  other  matters 
referred  to  us,  we  have  made  progress  and  ask  leave  to  sit  again. 

S.   W.    HAYES,    Chairman. 

Mr.    Ellis   moved   to   adopt  the   report,    which   was   duly   seconded. 

On  motion  of  Mr.  Quarles,  the  motion  to  adopt  was  laid  on  the 
table. 

On  motion  of  Mr.  Leahy,  the  motion  of  Mr.  Ellis  was  taken  from 
the  table.     The  original  motion  to  adopt  prevailed. 

Mr.  Bilby  moved  that  when  the  Convention  do  adjourn,  it  be  for 
recess  until   2   p.   m.     Motion  was  lost. 

The  Convention  took  recess  until  10  a.  m.,  Saturday,  January  2C, 
1907. 

CONVENTION  CHAMBER. 
Morning   Session,    Saturday,   January   26,    1907 — 10    A.    M. 

Convention  called  to  order;   President  Murray  in  the  chair. 

Invocation  by  Dr.  Riley,  of  Oklahoma  City. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Allen,  Bowers,^ 
Caudill,  Chambers,.  Cochran,  Copeland,  Fisher,  Gardner,  Harned,  Harris, 
Harrison  of  45,  Harrison  of  88,  Hendricks,  Herring,  Hill,  Hopkins,  Hud- 
son, Humphrey,  Johnston,  Jones,  Kane,  Kelly,  Latimer,  Mathis,  Norton, 
Parker,   Quarles,   Rice,   Stowe,   Tosh,   Tucker,  Williams   of   97,   and  Wills. 

Messrs.  Allen,  Bowers,  Caudill,  Cochran,  Gardner,  Harned,  Harris, 
Herring,  Hill,  Johnston,  Jones,  Kane,  Kelly,  Latimer,  Mathis,  Norton. 
Stowe  and  Tucker  had  previously  been  excused. 

Mr.  Gardner  was  excused  for  the  day  on  account  of  business. 

Mr.  Parker  was  excused  for  the  day  on  account  of  important  busi- 
ness. 

Messrs.  Rice,  Tosh  and  Williams  of  97,  were  excused  until  Wednes- 
day, January  30,   1907,  on  account  of  important  business. 

Mr.  Haskell  presented,  by  request,  Petition  No.  237,  from  the  Mus- 
kogee Civic  Society,  praying  that  the  Election  to  Ratify  the  Constitution 
be  held  not  later  than  ninety  days  from  the  date  of  adjournment  of  the 
Convention, — referred  to  the  Committee  on  Privileges  and  Elections. 

Mr.  Houston  presented,  by  request.  Petition  No.  23  8,  with  113  sig- 
natures, from  Agra,  Oklahoma,  praying  for  Equal  Suffrage  for  the 
Women  of  Oklahoma, — ref<>rred  to  the  Committee  on  Suffrage. 

Mr.  Roberts  presented,  by  request,  Petition  No.   239,  with  56  signa- 


186  JOURNAL   OF    CONSTITUTIONAL 

tures,     from    Elgin,     Oklahoma,     praying    for    State-wide     Prohibition, — 
referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Tenor  presented,  by  request.  Petition  No.  24  0,  being  a  Petition 
for  Change  in  the  County  Boundaries,  as  fixed  by  the  Committee, — refer- 
red  to   the   Committee   on   Counties   and    County    Boundaries. 

Mr.   Alderson  presented,  by  request.   Petition  No.    241,   with   24   sig- 
natures,  for  Woman   Suffrage, — referred   to   the   Committee  on   Suffrage. 
Mr.   Carr   presented,  by   request.    Petition  No.    24  2,   with   14  2   signa- 
tures,   for    State-wide    Prohibition, — referred    to    Committee    on    Liquor 
Traffic. 

Mr.  Roberts  presented  Petition  No.  243,  100  signatures,  from  El 
Dorado,   Oklahoma, — referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Sandlin  presented,  by  request,  Petition  No.  244,  from  12  girls 
of  Prague  High  School,  praying  for  Woman  Suffrage, — referred  to  the 
Committee    on    Suffrage. 

Mr.  Roberts  presented  Petition  No.  24  5,  with  4  3  signatures,  from 
El  Reno,  Oklahoma,  for  State-wide  Prohibition, — referred  to  Committee 
on  Liquor  Traffic. 

Mr.  Roberts  presented  Petition  No.  246,  with  197  signatures,  from 
Hollis,  Oklahoma,  for  State-wide  Prohibition, — referred  to  Committee 
on  Liquor  Traffic. 

Mr.   Sandlin   presented,  by   request.   Petition   No.    247,   with    204   sig- 
natures,   for  Woman   Suffrage, — I'eferred   to   the   Committee  on   Suffrage. 
Mr.    King   presented,    by    request.    Petition   No.    24  8,    with    5  6    signa- 
tures,  for  Woman  Suffrage, — referred  to   Committee  on  Suffrage. 

Mr.  Safer  presented,  by  request.  Petition  No.  249,  praying  for  State- 
wide Prohibition, — referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Edley  presented,  by  request,  Petition  No.  2  50,  with  50  sig- 
natures, for  State-wide  Prohibition, — referred  to  the  Committee  on 
Liquor   Traffic. 

Mr.   Edley  presented,  by  request.   Petition   No.    251,   relating  to   Sale 

of  School  Lands, — referred  to  the  Committee  on  State  and  School  Lands. 

Mr.   Leeper   introduced   Resolution   No.    74,    relating    to    Taxation    of 

Town  Lots  in  Indian  Territory, — read  and  referred  to  the  Committee  on 

Coal,  Oil,  Gas  and  Timber  Lands. 

Mr.  Parker,  Chairman  pro-tempore  of  the  Committee  on  Executive 
Department,  being  absent,  Mr.  Maxey,  acting  for  him,  filed  Report  No. 
31,  by  said  committee,  which  was  read,  referred  to  the  Committee  of  the 
Whole    and    ordered    printed. 

Mr.  Ellis,  Chairman  pro-tempore  of  the  Committee  on  Crimes  and 
Punishment,  filed  Report  No.  3  2,  which  was  read,  referred  to  the  Com- 
mittee of  the  Whole  and  ordered  printed. 

Mr.   Henshaw,    Chairman,   being   absent,    Mr.    Leeper,    for   him,    filed 


CONVENTION   OF   OKLAHOMA.  187 

Report  No.  33,  by  the  Committee  on  Suffrage,  which  was  read,  re-refer- 
red to  the  Committee  of  the  Whole  and  ordered  printed. 

Mr.  Carr  introduced  Constitutional  Proposition  No.  410,  being  a 
proposition  relating  to  Mutual  Insurance, — read  by  title  and  referred  to 
the  Committee  on    Insurance. 

Mr.  Carney  introduced  Constitutional  Proposition  No.  411,  being  a 
proposition  relating  to  Foreign  Corporations, — read  by  title  and  referred 
to  the  Committee  on  Private  Corporations. 

Mr.  Wyly  introduced  Constitutional  Proposition  No.  412,  being  a 
proposition  to  Fix  Rates  of  Interest, — read  by  title  and  referred  to  the 
Committee  on  Banks  and  Banking,  Loan,  Trust  and  Guaranty  Com- 
panies. 

Mr.  Savage  introduced  Constitutional  Proposition  No.  413,  being  a 
proposition  to  Prohibit  Compromise  of  Public  Debts  and  Liabilities, — 
read  by  title  and  referred  to  the  Committee  on  Public  Debt  and  Public 
Works. 

Consideration  of  three  General  Orders  having  been  called  for,  the 
Convention  resolved  itself  into  Committee  of  the  Whole,  for  considera- 
tion of  same,  with  Mr.   Hayes  in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Hayes,  as  Chairman  of  the  Com- 
mittee of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  5,  by  the 
Committee  on  Legislative  Department,  and  that  thereon,  as  well  as  upon 
other  matters  referred  to  us,  we  have  made  progress  and  ask  leave  to 
sit  again. 

S.    W.    HAYES,    Chairman. 

On  motion  of  Mr.   Ellis,   the  report  was  adopted. 

Mr.  Haskell  introduced  Resolution  No.  75,  being  a  Memorial  to 
President  Roosevelt,  relative  to  proposed  Constitutional  Provisions  for 
Separate,  but  Equal   Railway  Accommodations  for  the  Negro   Race. 

The  Convention,  on  motion  of  Mr.  Ledbetter,  took  recess  until  2 
o'clock    p.    m. 

CONVENTION  CHAMBER. 
Aftemoon   Session,    Saturday,   January   26,    1907 — 2    P.    M. 

A  call  of  the  house  being  made  by  Mr.  Tenor,  roll  was  called  and 
a   quorum    found   present. 

On  motion  of  Mr.  Pittman,  Resolution  No.  75,  by  Mr.  Haskell,  was 
referred  to   the  Committee  on   Judiciary   and   Judicial   Department. 

Messrs.    Parker    and    Rice    were    appointed    on    the    Committee    on 


188  JOURNAL   OF   CONSTITUTIONAL 

Liquor    Traffic,    vice    Messrs.    Harned    and    Stowe,    sick    and    unable    to 
attend  the  sittings  of  said  committee. 

On  motion  of  Mr.  Ledbetter,  the  appointment  was   confirmed. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  further  consideration  of  General  Orders,  with  Mr.  Hayes  in 
the    chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Hayes,  as 
Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  5,  by  the 
Committee  on  Legislative  Department,  and  recommend  that  the  same 
be  ordered  printed  and  placed  upon  the  files  of  members  as  amended 
in  the  Committee  of  the  Whole,  and  upon  same,  and  the  residue  of  the 
matters  referred  to  us,  we  have  made  progress  and  ask  leave  to  sit 
again. 

S.    W.    HAYES,    Chairman. 

On  motion  of  Mr.  Ellis,  the  report  was  adopted. 

The  order  of  the  Secretary  for  printing  of  50  extra  copies  each  of 
Committee  Reports  Nos.  21,  22,  2  3  and  24,  and  of  100  extra  copies  of 
Committee  Report  No.   25,  was  approved  by  the  Convention. 

Messrs.  Chambers  and  Quarles  were  excused  for  absence  from  the 
sessions  of  the  day,  on  account  of  important  business. 

The  Convention  adjourned  until  10  a.  m.,  Monday,  January  28, 
1907. 

CONVENTION  CHAMBER. 
Morning    Session,    Monday,    January    28,    1907 — 10    A.    M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

Invocation  by   Chaplain. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Bowers,  Caudill, 
Chambers,  Latimer,  Leahy,  Cochran,  .  Copeland,  Curl,  Fisher,  Harrison 
of  45,  Hausam,  Hill,  Hopkins,  Johnston,  Jones,  Kelly,  Mathis,  Quarles, 
Safer,   Stowe,   Tosh,   Rice  and  Williams  of   97. 

Messrs.  Bowers,  Caudill,  Cochran,  Herring,  Hill,  Johnston,  Jones, 
Kelly,  Latimer,  Norton,  Stowe,  Rice,  Tosh  and  Williams  of  97,  had 
previously  been  excused  from  attending  the  day's  sessions. 

Mr.  Jones  was  excused  for  the  day  on  account  of  sickness.  Mr. 
Hausam  was  excused  for  today  and  tomorrow  on  account  of  sickness. 
Mr.  Quarles  was  excused  indefinitely  on  account  of  sickness.  Mr.  Safer 
was  excused  from  sessions  of  today  and  Tuesday  on  account  of  busi- 
ness. 

Mr.  Moore  presented,  by  request,  Petition  No.   252,  with  170  signa- 


CONVENTION   OF   0KL,AHOMA.  189 

iures,  from  Enid,  Oklahoma,  for  Woman  Suffrage, — referred  to  the  Com- 
mittee on  Suffrage. 

Mr.  Alderson  presented,  by  request,  Petition  No.  253,  for  Woman 
Suffrage, — referred    to    the    Committee    on    Suffrage. 

Mr.  Banks  presented,  by  request.  Petition  No.  254,  with  77  signa- 
tures, for  State-wide  Prohibition, — referred  to  the  Committee  on  Liquor 
Traffic. 

Mr.  Haskell  presented,  by  request.  Petition  No.  255,  from  Muskogee, 
Indian  Territory,  for  State-'wide  Prohibition, — ^referred  to  the  Committee 
on   Liquor  Traffic. 

Mr.  Haskell  presented,  by  request.  Petition  No.  2  56,  from  the  Med- 
ical Board  of  Coalgate,  Indian  Territory,  praying  for  Provisions  for 
Medical  Board, — referred  to  the  Committee  on  Public  Health  and  Sani- 
tation and  the  Practice  of  Medicine  and  Pharmacy. 

Mr.  Hogg  presented,  by  request.  Petition  No.  2  5  7,  praying  for  Pro- 
visions for  Local   Option, — referred   to  the  Committee  on  Liquor  Traffic. 

Mr.  McCance  presented,  by  request.  Petition  No.  258,  with  212  sig- 
natures, for  State-wide  Prohibition, — referred  to  the  Committee  on 
Liquor  Traffic. 

Mr.  Hughes  presented  Petition  No.  259,  with  27  signatures,  for 
Provisions  for  Local   Option, — referred  to   Committee  on   Liquor   Traffic. 

Mr.  Haskell  presented  Petition  No.  260,  relating  to  Press  Service 
In  Oklahoma,- — referred  to  the  Committee  on  Manufactures  and  Com- 
merce. 

Mr.    Hanraty    introduced    Resolution    No.    ,    and    on    his    motion, 

same   was   adopted   as   follows: 

Whereas,  The  Honorable  J.  H.  Shepherd,  of  McAlester,  Indian 
Territory,  has  by  his  untiring,  patriotic  efforts  in  behalf  of  the  people 
of  this  State,  secured  an  appropriation  froTn  the  Federal  Congress  of 
One  Hundred  and  Fifty  Thousand  Dollars,  to  be  used  for  school  pur- 
poses;   and. 

Whereas,  Said  appropriation  is  a  great  benefit  to  our  State,  a  last- 
ing favor  to  our  people,  and  an  eternal  good  to  our  children;  therefore. 
Be  it  Resolved,  By  us,  in  Convention  assembled,  that  the  devoted  and 
unselfish  work  of  said  J.  H.  Shepherd  is  worthy  of  our  lasting  appre- 
ciation and  gratitude,  and  that  we  express  our  regard  for  his  loyalty 
to  the  great  common  people. 

Mr.  Savage  introduced  Constitutional  Proposition  No.  415,  relating 
to  the  Tax  Rate, — read  by  title  and  referred  to  the  Committee  on  Rev- 
enue and  Taxation. 

Mr.  Tenor  introduced  Constitutional  Proposition  No.  416,  relating  to 
the  Public  Lands, — read  by  title  and  referred  to  the  Committee  on 
State  and  School  Lands. 

Mr.  Weaver  introduced  Constitutional  Proposition  No.   417,   relating 


190  JOURNAL    OF    CONSTITUTIONAL 

to   Lobbying, — read   by    title   and    referred   to    the   Committee   on    Crimes 
and  Punishment. 

Mr.  Weaver  introduced  Constitutional  Proposition  No.  418,  relating 
to  Prize  Fighting, — read  by  title  and  referred  to  the  Committee  on 
Crimes    and    Punishment. 

Mr.  Ellis,  Chairman  of  the  Committee  on  Health  and  Sanitation 
and  the  Practice  of  Medicine  and  Pharmacy,  liled  Report  No.  34,  which 
was  read  and  referred  to  the  Committee  of  the  Whole  for  consideration 
thereof. 

Consideration  of  General  Orders  having  been  called  for,  the  Con- 
vention resolved  itself  into  Committee  of  the  Whole,  with  Mr.  Hayes  in 
the  chair. 

At  the  noon  hour  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Hayes,  as  Chairman  of  the  Com- 
mittee of  the  Whole,   reported   as   follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  19,  by  the 
Committee  on  Railroads  and  Public  Service  Corporations,  and  that 
thereon,  and  upon  the  residue  of  the  matters' referred  to  us,  we  have 
made  progress  and  ask  leave  to  sit  again. 

S.    W.    HAYES,    Chairman. 

On   motion  of  Mr.   Ellis,  the  report  was  adopted. 

On   motion,    the   Convention  took   recess   until    2    p.    m. 

CONVENTION  CHAMBKK. 
Afternoon    Session,    Monday,    Jannary    28,    1907 — 2    I*.    M. 

Mr.  Harrison  of  88,  was  excused  for  absence  on  Thursday,  Friday 
and    Saturday    of   last   week,    on   account   of   business. 

On  motion,  the  Convention  resolved  itself  into  a  Committee  of  the 
Whole,  for  further  consideration  of  General  Orders,  with  Mr.  Hayes  in 
the    chair. 

After  consideration  of  the  matters  referred  to  it  the  Committee  of 
the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Hayes, 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  under  consideration  Committee  Report  No.  19,  by  the 
Committee  on  Railroads  and  Public  Service  Corporations,  and  recom- 
mend that  same  be  referred  to  that  committee;  that  we  have  had  under 
consideration  Committee  Report  No.  20,  by  the  Committee  on  Immigra- 
tion, and  recommend  same  for  adoption  as  amended  in  Committee  of 
the  Whole,  that  so  amended  it  be  ordered  engrossed  and  passed  to  its 
third   reading  and   final   passage;    that  we  have   reconsidered   Committee 


CONVENTION   OF   OKI^AHOMA.  191 

Report  No.  14,  by  the  Committee  on  Railroads  and  Public  Service  Cor- 
porations, which  was,  on  January  22,  1907,  by  your  Committee  of  the 
Whole,  recommended  for  adoption,  and  now  recommend  that  same  be 
re-referred  to  the  Committee  on  Railroads  and  Public  Service  Corpora- 
tions; we  have  had  under  consideration  Committee  Report  No.  21,  by 
the  Committee  on  State  Militia,  and  recommend  same  for  adoption, 
that  it  be  ordered  engrossed  and  passed  to  its  third  reading  and  final 
passage  as  amended  in  Committee  of  the  Whole;  that  we  have  under 
consideration  Committee  Report  No.  22,  by  the  Committee  on  General 
Provisions,  and  as  to  paragraph  No.  1  thereof,  we  recommend  its  adop- 
tion, that  same  be  ordered  engrossed  and  passed  to  its  third  reading 
and  final  passage;  and  as  to  Paragraph  2,  we  recommend  that  it  be  laid 
upon  the  table;  as  to  the  Paragraph  3,  additional  Paragraph  4,  an 
amendment  by  Mr.  Asp,  and  additional  Paragraph  5,  as  an  amendment 
by  Mr.  Ellis,  we  recommend  that  same  be  referred  to  the  Committee  on 
Judiciary  and  Judicial  Department;  and  that  we  have  had  under  consid- 
eration Committee  Report  No.  23,  by  the  Committee  on  General  Pro- 
visions, and  that  as  to  Paragraph  No.  1  thereof,  we  recommend  that 
same  be  referred  to  the  Committee  on  Revenue  and  Taxation;  that 
Paragraph  2  thereof,  be  re-referred  to  the  Committee  on  General  Pre- 
visions, and  that  Paragraph  3  be  laid  on  the  table,  and  upon  the  residue 
of  the  matters  referred  to  us,  we  have  made  progress  and  ask  leave  to 
sit    again. 

S.   W.    HAYES,    Chairman. 

On  motion  of  Mr.   Ellis,  the   report  was   adopted. 

The  President  announced  the  appointment  of  Mr.  Allen  as  a  mem- 
ber pro-tempore  of  the  Committee  on  Judicial  Apportionment,  vice  Mr. 
Harrison  of  45,  absent  for  an  indefinite  time  on  account  of  sickness. 

Mr.  Williams  of  108,  Chairman  of  the  Committee  on  Railroads  and 
Public  Service  Corporations,  filed  Report  No.  35,  being  a  Proposition  to 
Provide  for  Equal,  But  Separate  Coaches  for  the  Negro  Race,  read  and 
referred   to   the  Committee  of  the  Whole  and   ordered   printed. 

On  motion,  it  was  ordered  by  the  Convention  that  there  should  be 
four  copies  of  all  Committee  Reports  filed,  all  of  which  shall  be  given 
to  press  reporters. 

On  motion  of  Mr.  Pittman,  the  Convention  ad.1ourned  until  10  a.  m., 
January   29,   1907. 

CONVENTION  CHAMBER. 
Morning   Session,    Tuesday,    Januai-y    29,    1907 — 10   A.    M. 

Convention  called    to   order;    President   Murray    in   the   chair. 
Invocation    by    Dr.     Scott,    of    the    First     Presbyterian     Church,     of 
Guthrie. 

Roll  called;   a  quorum  present.     Absent:   Messrs.  Bowers,  Buchanan, 


192  JOURXAL    OF    CONSTITUTIONAL 

Caudill,  Gardner,  Harrison  of  45,  Hausam,  Hill,  Johnston,  Kelly,  Quarles, 
Stowe,   Tosh;    Williams  of   97,   had   previously   been   excused. 

Messrs.  Buchanan,  Gardner  and  Kelly  were  all  excused  indefinitely 
on  account  of  sickness. 

Mr.  Leahy  was  excused  for  absence  on  Monday,   January   28th. 

Mr.  Asp,  at  the  request  of  Mr.  Foress  Ball  Lillie,  presented  to  Pres- 
ident Murray  a  beautiful  bouquet  of  ferns  and  carnations,  and  to  each 
member  of  the  Convention  a  carnation  in  memory  of  Mrs.  Foress  Ball 
Lillie,  who  departed  this  life  at  her  home  in  the  City  of  Guthrie,  on  the 
1st  day  of  December,  1906,  and  commemorating  the  65th  anniversary 
of  the  birth  of  the  lamented  martyr,  President  William  McKinley. 

Mr.  Murray,  by  request  of  Rev.  D.  W.  Keller,  of  Ponca  City,  Okla- 
homa, presented  Petition  No.  261,  entitled  "The  Liquor  Question  in  a 
Nut  Shell" — referred   to   the   Committee   on   Liquor   Traffic. 

Mr.  Murray  presented,  by  request  of  Rev.  D.  G.  Murray,  of  King- 
fisher, Oklahoma,  Petition  No.  2  62,  being  a  petition  of  150  citizens  of 
Kingfisher,  Endorsing  the  Majority  Report  of  the  Committee  on  Liquor 
Traffic, — referred   to    the   Committee   on    Liquor   Traffic. 

Mr.  Kane  presented,  by  request,  Petition  No.  263,  for  Woman 
Suffrage, — referred  to  the  Committee  on  Suffrage. 

Mr.  Kane  presented,  by  request.  Petition  No.  264,  of  5  4  residents 
of  Kingfisher,  Oklahoma,  praying  for  Provisions  for  Woman  Suffrage, — 
referred  to  the  Committee  on  Suffrage. 

Mr.  Savage  presented,  by  request.  Petition  No.  265.  with  41  signa- 
tures, for  State-wide  Prohibition, — referred  to  the  Committee  on  Liquor 
Traffic. 

Mr.  Sandlin  presented,  by  request.  Petition  No.  2  6  6,  from  65  cit- 
izens of  Stroud,  Oklahoma,  praying  for  State-wide  Prohibition, — referred 
to  Committee  on  Liquor  Traffic. 

Mr.  Hendricks  presented,  by  request,  Petition  No.  267,  from  the 
pupils  of  the  Wakita  Schools,  praying  for  State-wide  Prohibition,— 
referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Herring  presented,  by  request,  Petition  No.  268,  with  108  sig- 
natures, from  Elk  City,  Oklahoma,  for  Woman  Suffrage, — referred  to 
Committee  on  Suffrage. 

Mr.  Murray  introduced  Constitutional  Proposition  No.  419,  being  a 
Proposition  to  Install  by  Local  Option,  Dispensaries  for  the  Sale  of 
Intoxicating  Liquors  in  the  State  of  Oklahoma,  which  was  read;  Mr. 
Murray  moved  its  adoption,  as  a  substitute  for  Section  2  of  the  report 
of  the  Committee  on  Liquor  Traffic.     Motion  seconded  by  Mr.  Humphrey. 

Mr.  Sorrells  introduced  Constitutional  Proposition  No.  4  20,  relating 
to  the  Regulations  of  State  Debt, — read  a  second  time  by  title  and 
referred  to  the  Committee  on  Public  Debt  and  Public  Works. 

Mr.    Roberts,    Chairman   of   the   Committee   on   Liquor   Traffic,   filed 


CONVENTION   OF   OKLAHOMA.  193 

Report  No.   3G,  which   was  read,   referrcnl   to  the  Coiiiniitt(>e  of  the   Whole 
and  ordered  printed. 

Mr.  Gardner,  Chairman,  being  absent,  Mi'.  Graham,  for  liim  and 
for  the  Committee  on  Homesteads  and  Exemption,  filed  Report  No.  37, 
which  was  read,  referred  to  the  Committee  of  the  Whole,  and  ordered 
printed. 

Mr.  Rogers,  Chairman  of  the  Committee  on  Salaries  and  Comi)en- 
sation  of  Public  Officers,  filed  Report  No.  38,  which  was  read,  referred 
to  the  Committee  of  the  Whole  and"  ordered  printed. 

Mr.    King,    Vice-Chairman   of   the   Committee   on    Rules   and    Proced- 
ure,  filed   rei)ort,   and  on  motion  of   Mr.    Haskell,   the  same  was  adopted 
as  follows: 
To  the  Constitutional   Convention  of  the  Proposed   State  of  Oklahoma: 

Your  Committee  on   Rules  reports   the  following   rules: 

First — No  person  shall  be  permitted  to  speak  on  any  subject  or 
proposition  in  Committee  of  the  Whole  for  a  longer  time  than  ten 
minutes,  unless  his  time  shall  be  extended  by  majority  vote  of  the 
Committee  of  the  Whole. 

Second — The  aye  and  nay  vote  of  the  Committee  of  the  Whole 
shall  be  taken  upon  a  majority  of  the  members  of  the  Committee  of  the 
Whole  voting  therefor. 

Third — That  whereas  the  work  of  the  Committees  of  the  Conven- 
tion has  been  practically  performed,  the  President  is  hereby  vested  with 
the  authority  to  discharge  any  and  all  Clerks  of  Committees,  except 
Stenographers,  if  in  his  judgment  their  services  are  no  longer  necessary 
to  the  work  of  the  Convention. 

Fourth — That  from  and  after  this  date,  the  regular  hour  of  con- 
vening of  the  Convention  shall  be  9:30  a.  m.. 

J.    F.    KING,    Vice-chairman. 

Consideration  of  three  General  Orders  of  the  Calendar  having  been 
called  for,  the  Convention  resolved  itself  into  Committee  of  the  Whole, 
for  consideration  of  the  same,  with  Mr.  Lasater  in  the  chair. 

At  the  noon  hour,  the  Committee  rose.  President  Murray  resumed 
the  chair,  and  Mr.  Lasater,  as  Chairman  of  the  Committee  of  the  Whole, 
reported   as   follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  1.^,  by  the 
Committee  on  General  Provisions,  and  that  thereon,  as  well  as  upon 
the  residue  of  the  matters  referred  to  us,  we  have  made  progress  and 
ask  leave  to  sit  again. 

MILAS   LASATER,    Chairman. 

On    motion    of   Mr.    Ellis,    the   report   was   adopted. 

On   motion,   the   Convention   took    recess   until    2    p.    m. 


194  JOURNAL   OF    CONSTITUTIONAL 


CONVENTION  CHAMBER, 


Afternoon    Session,    Tuesday,   January   29,    1907 — 2   P.    M. 

Messrs.  Chambers  and  Curl  were  excused  for  absence  on  Monday, 
January   28,   on   account  of   important  business. 

On  motion  of  Mr.  Chambers,  Constitutional  Proposition  No.  419,  by 
Mr.  Murray,  was  ordered  printed  and  placed  on  the  files  of  members. 

On  motion  of  Mr.  Roberts,  that  part  of  Committee  Report  No.  36 
recommending  that  said  report  by  the  Committee  on  Liquor  Traffic,  be 
advanced  to  the  first  place  on  the  Calendar,  was  adopted  and  said  report 
ordered  so  advanced. 

Mr.  Graham  introduced  Constitutional  Proposition  No.  4  21,  relating 
to  Foreign  Corporations, — read  by  title  and  referred  to  the  Committee 
on  Private  Corporations. 

On  motion  of  Mr.  Hayes,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  with  Mr.  Lasater  in  ihe  chair,  for  the  further  con- 
sideration   of    General    Orders. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr. 
Lasater,  as  Chairman  of  the  Committee  of  the  Whole,  reported  as 
follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Cbmmittee  Report  No.  15,  by 
the  Committee  on  General  Provisions,  that  thereon,  and  upon  the  residue 
of  the  matters  referred  to  us,  we  have  made  progress  and  ask  leave  to 
sit  again. 

MILAS   LASATER,    Chairman. 

On    motion   of    Mr.    Ellis,    the    report   was   adopted. 

On  motion  of  Mr.  Herring,  the  Convention  took  recess  until  9:30 
a.    m.,    Wednesday,    January    30th,    1907. 

CONVENTION  CHAMBER. 
Morning  Session,  Wednesday,  January  30,   1907 — 10  A.  M. 

Convention  called   to  order;    President   Murray  in  the   chair. 

Invocation  by  Reverend  J.  S.  Lamar,  Presiding  Elder,  M.  E.  Church, 
South,    Wynnewood,    Indian   Territory. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Buchanan,  Cope- 
land,  Gardner,  Harrison  of  4  5,  Hausam,  Hill,  Johnston,  Mathis,  Tosh, 
Kelly   and   Stowe. 

Messrs.  Buchanan,  Gardner,  Harrison  of  45,  Hausam,  Hill,  John- 
ston,   Kelly,    Stowe   and    Tosh    had    previously   been    excused. 


CONVENTION    OF   OKLAHOMA.  195 

Mr.  Wood  of  89,  was  excused  for  Thursday,  Friday  and  Saturday 
of  this  week  on   account  of  important  business. 

Mr.   Mathis  was  excused  indefinitely  on  account  of  sicltness. 

On  motion  of  Mr.  Henshaw,  Mrs.  Georgia  Curtis  was  allowed  two 
dollars  per  day  for  keeping  an  open  telephone  office  in  the  building  for 
the   convenience    of   the    Convention. 

Mr.  Kane  presented,  by  request,  Petition  No.  2  69,  from  .5  4  resi- 
dents of  the  27th  Delegate  District,  for  Woman  Suffrage, — referred  to  the 
Committee    on    Suffrage. 

Mr.  Roberts  presented  Petition  No.  270,  with  56  signatures,  from 
Lawton,  Oklahoma,  for  State-wide  Prohibition, — referred  to  the  Com- 
mittee on  Liquor  Traffic. 

Mr.  Roberts  presented  Petition  No.  271,  of  65  Kiowa  Indians,  of 
Mt.  Scott,  Oklahoma,  for  State-wide  Prohibition, — referred  to  the  Com- 
mittee on  Liquor  Traffic. 

Mr.  Roberts  presented  Petition  No.  2  72,  with  284  signatures,  fi'om 
Edmond,  Oklahoma,  for  State-wide  Prohibition, — referred  to  the  Com- 
mittee on   Liquor   Traffic. 

Mr.  Cobb  presented  Petition  No.  27  3,  of  71  men  and  women  of 
Shawnee,  Oklahoma,  for  State-wide  Prohibition, — referred  to  the  Com- 
mittee   on    Liquor    Traffic. 

Mr.  Caudill  presented  Petition  No.  274,  from  Hobart,  Oklahoma, 
for  State-wide  Prohibition, — referred  to  the  Committee  on  Liquor 
Traffic. 

Mr.  Savage  presented,  by  request,.  Petition  No.  276,  of  46  citizens 
of  Prague,  Oklahoma,  praying  for  Provisions  for  Local  Option, — referred 
to   the   Committee   on   Liquor   Traffic. 

Mr.  Henshaw  presented,  by  request.  Petition  No.  277,  from  Local 
119,  F.  E.  &  C.  U.  of  Shawnee,  Oklahoma,  with  signatures  of  30  men 
and  28  women,  for  Woman  Suffrage, — referred  to  Committee  on  Suf- 
frage. 

Mr.  Ledbetter,  Chairman  of  the  Committee  on  Judiciary  and  Judi- 
cial Department,  filed  report  on  Resolution  No.  77,  by  Mr.  Haskell.  On 
motion  of  Mr.  Tenor,  Resolution  No.  75  was  withdrawn  from  the 
Committee  on  Judiciary  and  Judicial  Department  and  from  the  files  of 
the   Convention. 

Mr.  King,  Vice-Chairman  of  the  Committee  oh  Rules  and  Proced- 
ure, filed  report,  and  on  his  motion,  the  same  was  adopted  as  follows: 
The  Constitutional  Convention  of  the  proposed  State  of  Oklahoma: 

We,  your  Committee  on  Rules,  report  the  following  rule: 

That  Committee  Report  No.  36,  be  and  is  hereby  advanced  to  the 
first  place  on  the  Calendar  of  General  Orders. 

J.    F.    KING,   Vice-Chairman. 

On    motion,    the   Convention    resolved    itself   into    Committee   of   the 


196  JOURNAL    OF    CONSTITUTIONAL 

Whole,    for    consideration    of    General    Orders,    with    Mr.    Lasater    In    the 
chair. 

After  consideration  of  the  matters  referred  to  it,  Committee  of  the 
Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Lasater,  as 
Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  36,  by  the 
Committee  on  Liquor  Traffic,  and  we  recommend  that  the  minority 
report  of  said  committee  and  the  proposition  offered  as  a  substitute  for 
Committee  Report  No.  36,  by  Mr.  Williams  of  108,  be  ordered  printed 
and  placed  upon  the  files  of  the  members,  and  that  upon  said  report 
and  the  residue  of  the  matters  referred  to  us,  we  have  made  progress 
and   ask  leave  to   sit   again. 

MILAS  LASATER,   Chairman. 

On  motion  of  Mr.   Ellis,   the  report  was  adopted. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  further  consideration  of  General  Orders,  with  Mr.  Langley 
in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Langley,  as  Chairman  of  Committee 
of  the  Whole,   reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  hav'e  had  under  considei»,tion  Committee  Report  No.  25,  by  the 
Committee  on  Judiciary  and  Judicial  Department,  and  that  thereon,  as 
well  as  upon  the  residue  of  the  matters  referred  to  us,  we  have  made 
progress  and  ask   leave  to   sit  again. 

J.    H.    LANGLEY,    Chairman. 

On    motion    of    Mr.    Ellis,    the    report    was    adopted. 

On  motion,   the  Convention  took  recess  until   2  p.   m. 

CONVENTION  CHAMIJKK. 
Aftt-nioon  Session,  Wednesday,  January  :?(>,    1J)<)7 — 2  1*.  M. 

Convention  called  to  order:   President  Murray  in  the  chair. 

On  motion  of  Mr.  Chambers,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  further  consideration  of  General  Orders, 
with  Mr.  Langley  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Lang- 
ley, as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.    25,  by  the 


CONVENTION    OF   OKLAHOMA.  197 

Committee  on  Judiciary  and  Judicial  Department,  witli  instructions  to 
re-draft  and  report  same  back  to  the  Committee  of  the  Whole,  and  upon 
the  residue  of  said  report,  as  well  as  upon  other  matters  referred  to  us, 
we  have  made  progress  and  ask  leave  to  sit  again. 

J.    H.    LANGLEY,    Chairman. 

On   motion  of   Mr.    Harrison  of   SS,   the   report  was   adopted. 

Messrs.  Kane,  Ellis  and  Hogg  were  appointed  by  the  President  to 
confer  with  the  Committee  on  Judiciary  and  Judicial  Department  upon 
Section  7  of  Report  No.  25.  and  to  submit  to  said  committee,  their 
respective  proposed  amendments  to  said  section. 

Mr.  McCance,  as  Chairman  of  the  Committee  on  Public  Printing, 
filed  Report  No.  40,  which  was  referred  to  the  Committee  of  the  Whole, 
and  ordered  printed. 

On  motion  of  Mr.  Chambers,  the  Convention  adjourned  until  9;  30 
a.   m.,   Thursday,   January   31,    1907. 

CONVENTION  CHAMBER. 
Morning  Session,  Thursday,  January  31,  1907 — 9.30  A.  M. 

Convention  called   to   order;    President   Murray   in    the   chair. 

Invocation   by    Chaplain. 

Roll  called;  quorum  present.  Absent:  Messrs.  Copeland,  Gard- 
ner, Hausam,  Johnston,  Mathis,  Kelly,  Stowe  and  Sandlin. 

Messrs.  Copeland,  Gardner,  Hausam,  Johnston,  Mathis,  Kelly  and 
Stowe  had  previously  been  excused.  Mr.  Sandlin  was  excused  for  the 
balance  of  the  week  on  account  of  sickness. 

Messrs.  Hayes,  Hendricks  and  McClain  were  excused  from  attend- 
ing sessions  of  Friday  and  Saturday,  February  1st  and  2nd. 

Mr.  Swarts  presented,  by  request,  Petition  No.  2  7  8,  from  Talala, 
Inoian  Territory,  for  State-wide  Prohibition, — referred  to  the  Committee 
on   Liquor    Traffic. 

Mr.  Savage  presented,  by  request,  Petition  No.  2  79,  with  84  names, 
from  Texola,  Oklahoma,  for  State-wide  Prohibition, — referred  to  the  Com- 
mittee on  Liquor  Traffic. 

Mr.  Wood  of  8,  presented,  by  request.  Petition  No.  281,  with  61  signa- 
tures, for  State-wide  Prohibition,  from  Lincoln  Township,  Oklahoma, — 
referred  to  the  Committee  on  Liquor  Traffic. 

Mr.  Wood  of  8,  presented,  by  request.  Petition  No.  28  2,  from  Elk- 
ton,  Oklahoma,  for  State-wide  Prohibition, — referred  to  the  Committee 
on   Liquor   Traffic. 

Mr.  Sorrells  presented,  by  request.  Petition  No.  2  8  3,  from  the  Iligli 
School  of  Cameron,  I.  T.,  for  State-wide  Prohibition, — referred  io  the 
Committee  on  Liquor  Traffic. 

Mr.  Covey  presented,  by  request.  Petition  No.   2  84,  praying  for  Pro- 


198  JOURNAL   OF    CONSTITUTIONAL 

visions  for  Local  Option  and   High  License, — referred  to  ttie  Committee 
on    Liquor    Trafiic. 

Mr.  Caudill  presented,  by  request,  Petition  No.  285,  from  38  voters 
of  Lawton,  Oklahoma,  praying  for  State-wide  Prohibition,— referred  to 
the   Committee   on    Liquor   Traffic. 

Mr.  Williams  of  97,  presented  Petition  No.  2  86,  from  the  Medical 
Society  of  the  23rd  Recording  District  of  the  Indian  Territory,  praying 
for  Provisions  for  a  Board  of  Health,  Composed  of  Regular  Physicians, — 
referred  to  the  Committee  on  Health  and  Sanitation  and  the  Practice  of 
Medicine  and  Pharmacy. 

Mr.  Weaver  presented  Petition  No.  2  87,  with  70  signatures,  from 
Ada,  Indian  Territory,  for  State-wide  Prohibition, — referred  to  the  Com- 
mittee on   Liquor  Traffic. 

Consideration  of  three  General  Orders  of  the  Calendar  having  been 
called  for,  the  Convention  resolved  itself  into  the  Committee  of  the 
Whole,  with  Mr.  Langley  in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Langley,  as  Chairman  of  the  Com- 
miti.ee  of  the  Whole,   reported   as   follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  undor  consideration  Committee  Reports  Nos.  36  and 
39,  together  with  the  amendments  thereto,  and  substitutes  therefor,  and 
upon  same,  as  well  as  upon  the  residue  of  the  matters  referred  to  us, 
we  have  made  progress  and  ask  leave  to  sit  again. 

J.    H.    LANGLEY,    Chairman. 

On  motion  of  Mr.  Ellis,  the  report  was  adopted. 
On  motion,  the  Convention  took  recess  until  2  p.  m, 

CONVENTION  CHAMBER. 
Afternoon  Session,   Thursday,  January  31,   1907 — 2  P.   M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

On  motion  of  Mr.  Chambers,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  further  consideration  of  General  Orders, 
with  Mr.  Langley  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Lang- 
ley, as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Reports  Nos.  36  and 
39,  by  the  Committee  on  Liquor  Traffic,  together  with  the  amendments 
thereto   and   substitutes   therefor,   and   upon   same,   as   well   as   upon   the 


CONVENTION    OF   OKLAHOMA.        .  199 

residue  of  the  matters  referred  to  us,   we  have   made  progress  aud  ask 
leave  to  sit  again. 

J.    H.    LANGLEY,    Chairman. 
On  motion  of  Mr.  Ellis,  the  report  was  adopted. 
The  following  receipt  was   read  and   ordered  spread  upon   the  min- 
utes; 

Guthrie,  Okla.,  January  31,  1907. 
Received  of  Jno.  M.  Young,  Secretary  of  the  Constitutional  Conven- 
tion for  the  proposed  State  of  Oklahoma,  the  sum  of  Seventeen  and 
18-100  Dollars  ($17.18),  paid  by  the  Public  Schools  of  Tishomingo, 
Indian  Territory,  as  the  price  of  the  Journal  into  which  the  proceedings 
of  the  Convention  are  being  written. 

CHAS.    H.    FILSON. 
Secretary  and  Special  Disbursing  Agent. 
On    motion   of   Mr.    Pittman,    the    Convention   adjourned   until    9:30 
a.  m.,  February   1st,   1907. 

CONVENTION  CHA.\IBEK. 
Morning  Session,   Friday,   February   1,    1907 — 9:30   A,   M. 

Convention  called  to  order;    President  Murray  in   the  chair. 

Invocation  by  Rev.  J.  B.  McDonald,  Presiding  Elder  of  the  M.  E. 
Church,  South,  Vinita,   I.   T. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Copeland,  Gard- 
ner, Mathis,  Newell,  Stowe  and  Wood  of  89,  all  of  whom  had  previously 
been  excused. 

Mr.  Newell  was  excused  on  account  of  sickness.  Mr.  Littlejohn  was 
granted  leave  of  absence  to  attend  the  bedside  of  Mr.  Sandlin.  Mr. 
Hayes'  leave  of  absence  was  extended  to  Monday  in  lieu  of  today  at 
the  sessions   at  which  he  was  present. 

Mr.  Williams  of  108,  introduced  Constitutional  Proposition  No.  422, 
relating  to  Suits  on  Obligations  Not  Listed  for  Taxation  and  Providing 
That  the  Same  Shall  Not  Be  Recoverable  Upon, — read  by  title  and 
referred  to  the  Committee  on  Revenue  and  Taxation,  and  on  motion  of- 
Mr.  Asp,  same  was  ordered  printed  and  placed  on  the  files  of  members. 

On  motion  of  Mr.  Hayes,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  for  consideration  of  General  Orders,  with  Mr.  Lang- 
ley  in   the  chair. 

At  the  noon  hour,  Committee  of  the  Whole  rose,  President  Murray 
resumed  the  chair,  and  Mr.  Langley,  as  Chairman  of  the  Committee  of 
the    Whole,    reported    as    follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  ConvtMition,  lo 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  (o  report 
that  we  have  had  under  consideration  Committee  Reports  Nos.  3G  and 
39,  together  with   the  amendments  thereto  and  substitutes  therefor,  aud 


200  JOURNAL   OF    CONSTITUTIONAL 

upon  same,   as  well   as  upon  the  residue  of  the  matters   referred   to   us, 
we  have  made  progress  and  ask  leave  to  sit  again. 

J.  H.  LANGLEY,   Chairman. 

On   motion  of   Mr.   Ellis,   the   report   was   adopted. 

Mr.  Williams  introduced  Resolution  No.  7  7,  and  on  his  motion, 
same   was   adopted   as   follows: 

Whereas,  The  following  special  has  been  sent  out  from  Washing- 
ton: 

"Frisco  Merger. — Congress  Asked  for  Right  to  Consolidate  Terri- 
tory  Lines. 

"Washington,  Jan.  30th. — Frank  Evans,  Assistant  Attorney  of  the 
Frisco,  with  headquarters  at  St.  Louis,  is  here  pushing  a  bill  authoriz- 
ing the  Frisco  Railway  Company  to  consolidate  several  small  branch 
lines  in  the  Indian  Territory.  The  bill  has  been  I'eported  favorably  by 
the  Committee  on  Indian  Affairs,  and  will  be  passed  in  a  few  days  and 
go  to  the  Senate.  The  lines  to  be  consolidated  into  the  Frisco  system 
follow:  St.  Louis,  San  Francisco  and  New  Orleans  road,  running  from 
Hope,  Ark.,  through  the  Indian  Territory  via  Ardmore  to  the  Red 
River,  distance  2  80  miles;  St.  Louis  and  Oklahoma  road,  from  Sapulpa 
to  Oklahoma  City,  distance  105  miles;  St.  Louis,  Oklahoma  and  South- 
ern, running  from  Sapulpa  to  Red  River,  distance  193  miles;  Oklahoma 
and  Western  road,  running  from  Oklahoma  City  to  the  Red  River  on 
the  West  District,  distance  182  miles." 

Therefore,  This  Constitutional  Convention  hereby  protests  against 
the  passage  of  any  such  Act,  and  memorializes  Congress  not  to  enact 
any  such  legislation  as  will  permit  the  consolidation  of  the  said  lines 
of  railway,  but  to  leave  the  new  State  of  Oklahoma  to  investigate  these 
matters  and  deal  therewith  as  the  Legislature  may  see  proper,  and  if 
it  is  necessary  for  the  Congress  of  the  United  States  to  deal  therewith, 
that  it  can  be  more  properly  done  after  the  State  of  Oklahoma  has  two 
members  in  the  United  States  Senate  and  five  Representatives  in  the 
Lower  House,  and  for  such  reasons  such  protest  is  urged. 

The  resolution  was  ordered  engrossed  and  a  copy  of  the  same 
ordered  to  be  transmitted  to  the  Congress  of  the  United  States. 

On  motion,  the  Convention  took  recess  until   2  p.  m. 

CONVENTION   CHAMBER. 
Afternoon   Session,  Friday,    February   1,    1007 — 2   I'.   .M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

Mr.  Jones  presented,  by  request.  Petition  No.  28S,  from  82  citizen; 
of  Ryan,  Indian  Territory,  praying  for  State-wide  Prohibition, — referred 
to  the  Committee  on  Liquor  Traffic. 

Mr.    Edley    introduced    Constitutional    Proposition    No.    4  23,    relating 


CONVENTION    OF   OKLAHOMA.  201 

to  Cities  of  the  First  Class,  read  by  title  and  referred  to  the  Committee 
on    Municipal    Corporations. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  th« 
Whole,  for  further  consideration  of  General  Orders,  with  Mr.  Langley 
in    the   chair. 

After  consideration  of  tha  matters  referred  to  it,  the  Committee 
of  the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Lang- 
ley,  as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referi'ed  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Reports  Nos.  36  and 
39,  by  the  Committee  on  Liquor  Traffic,  together  with  the  proposed 
amendments  thereto  and  substitutes  therefor,  and  recommend  same 
for  adoption,  that  same  be  ordered  engrossed  and  passed  to  third  read- 
ing and  final  passage  as  amended  in  Committee  of  the  Whole,  and  upon 
the  residue  of  the  matters  referred  to  us,  we  have  made  progress  and 
Bsk  leave  to  sit  again. 

J.   H.   LANGLEY,   Chairman. 

On   motion,    the   report   was   adopted. 

Mr.  Bearing  was  granted  indefinite  leave  of  absence  on  account  of 
sickness  in  his  family. 

On  motion  of  Mr.  Ellis,  the  Convention  adjourned  until  9:30  a.  m., 
Saturday,   February   2,   1907. 

CONVENTION   CHAMBER. 
Morning  Session,  Saturday,   Februai-y  2,    1!>07 — »:80  A.   M. 

Convention   called   to  order;    President   Murray   in    the   chair. 

Invocation  by  Mr.   Banks,   of  the   39th  District. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Alderson,  Baker. 
Berry,  Bearing,  Gardner,  Helton,  Hendricks,  Johnston,  Lee,  Littlejohn, 
McClain,  Mathis,  Newell,  Rose,  Sandlin,  Savage,  Stowe,  Wood  of  89,  and 
Wyatt. 

Messrs.  Gardner,  Hayes,  Johnston,  Mathis,  Bearing,  Newell.  Sand- 
lin,   Stowe  and   Wood   of    89,    had    previously   been   excused. 

Messrs.  Littlejohn,  Helton,  Savage  and  Wyatt  were  excused  indefin- 
itely on  account  of  sickness. 

Mr.  Baker  was  excused  from  attending  sessions  of  Monday,  Feb- 
ruary   4  th. 

Messrs.  Leeper  and  Rogers  were  excused  from  attending  sessions 
of  Monday,  Tuesday  and  Wednesday  of  next  week. 

Mr.  Board  was  excused  from  attending  sessions  of  Monday  and 
Tuesday. 

Mr.    Edmondson    was   excused    for  absence    from   sessions   of    Friday. 

Mr.  Lasater  was  excused  from  attending  sessions  of  Monday,  Feb- 
ruary 4th. 


202  JOURNAL  OF  CONSTITUTIONAL 

On  motion  of  Mr.  King,  the  use  of  the  hall  was  tendered  Mr.  Evans 
for   Monday  evening. 

The  President  appointed  Philip  J.  Dickerson  as  a  Committee  Clerk, 
without   pay. 

On  motion  of  Mr.  McCance,  the  appointment  was  confirmed,  and 
Mr.   Dickerson  appeared   and  took  the  oath   of  office. 

Mr.  Tosh  was  appointed  Chairman  pro  tempore  of  the  Committee 
on  State  and  School  Lands,  vice  Mr.  Baker,  absent;  Mr.  Ledbetter  was 
appointed  as  a  member  temporarily,  of  the  Committee  on  State  and 
School  Lands,   and   on   motion,   the  appointments  were  confirmed. 

Mr.  Williams  of  108,  introduced  Constitutional  Proposition  No.  4  2  4, 
being  a  proposition  to  Prohibit  Bucket  Shops,  read  by  title  and  referred 
to  the  Committee  on  General  Provisions,  and  on  motion  same  was 
ordered  printed  and  placed  on  the  files  of  members. 

Mr.  Pittman  introduced  Constitutional  Proposition  No.  42  5,  being 
a  proposition  relating  to  Corporations,  read  by  title  and  referred  to  the 
Committee  on  Railroads  and  Public  Service  Corporations,  and  on  motion, 
same  was  ordered  printed  and  placed  on  the  files  of  members. 

Consideration  of  three  General  Orders  having  been  called  for,  the 
Convention  resolved  itself  into  Committee  of  the  Whole,  for  consideration 
of  same,   with   Mr.   Hughes  in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Hughes,  as  Chairman  of  the  Com- 
mittee of   the  Whole,   reported   as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  26,  by  the 
Committee  on  Mines  and  Mining,  and  upon  same,  as  well  as  upon  the 
residue  of  the  matters  referred  to  us,  we  have  made  progress  and  ask 
leave  to  sit  again. 

W.   C.    HUGHES,    Chairman. 

On    motion   of    Mr.    Ellis,    the    report   was    adopted. 

On  motion  of  Mr.  Swarts,  the  Convention  took  recess  until  2  o'clock 
p.  m. 

CONVENTION  CHAMBER. 
Afternoon  Session,   Saturday,   February  3,    1907 — 2  P.   M. 

Convention  called  to  order;    President  Murray   in  the  chair. 

Roll   called;    a   quorum   present. 

Mr.  Cobb  introduced,  by  reqi  est,  Petition  No.  289,  being  a  Memo- 
rial from  the  Negroes  of  the  Indian  Territory,  to  the  Convention,  pray- 
ing for  Provisions  That  Will  Be  Fair  and  Equitable  to  the  Negro  Race, — 
referred  to  the  Committee  on  Judiciary  and   Judicial   Department. 

On  motion,  the  Convention   resolved   itself  into  a  Committee  of  the 


CONVI<]NTION   OF   OKI.AIIO.>.A.  203 

Whole,  for  further  consideration  of  General  Orders,   with  Mr.   Hughes  in 
the   chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Hughes, 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  leave  to  report 
that  we  have  had  under  consideration  Committee  Reports  Nos.  26,  27 
and  2  8,  and  recommend  that  Committee  Report  No.  26,  by  the  Com- 
mittee on  Mines  and  Mining,  together  with  the  proposed  amendments 
thereto,  be  re-referred  to  the  Committee  on  Mines  and  Mining;  that  we 
recommend  for  adoption  Committee  Reports  Nos.  2  7  and  2  8,  by  the 
Committee  on  General  Provisions,  that  same  be  ordered  engrossed  and 
passed  to  third  reading  and  final  passage  as  amended  in  Committee  of 
the  Whole,  and  upon  the  residue  of  the  matters  referred  to  us,  we  have 
made  progress  and  ask  leave  to  sit  again. 

W.    C.    HUGHES,    Chairman. 

On   motion,   the   report   was   adopted. 

The  Convention  took  recess  under  the  rules,  until  9:30  a.  m.,  Mon- 
day,   February    4th,    1907. 

CONVENTION   CHAMBER. 
Morning  Session,  Monday,  February  4,   1907 — 9:30  A.   M. 

Convention  called  to  order;   President  Murray  in  the  chair. 

Invocation  by  Delegate   Cloud,   of  the    23rd   District. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Alderson,  Board, 
Dearing,  Edmondson,  Gardner,  Hayes,  Helton,  Hendricks,  Johnston,  Deeper, 
McClain,  Mathis,  Messenger,  Moore,  Newell,  Sandlin,  Savage,  Stowe  and 
Wood  of   89. 

Messrs.  Board,  Dearing,  Gardner,  Hayes,  Helton,  Johnston,  Deeper, 
Mathis,  Newell,  Sandlin,  Savage,  Stowe  and  Wood  of  89,  had  previously 
been  excused. 

Mr.  Safer  asked  to  be  excused  for  the  rest  of  the  week;  request 
was  granted. 

Mr.   McClure  was  excused   for  ten   days  on  account  of  business. 

Assistant  Secretary,  Mr.  Johnston,  was  excused  for  two  days,  on 
account  of  business. 

Mr.  Rogers  announced  that  he  did  not  wish  to  make  use  of  leave 
of  absence  for  Monday -and  Tuesday,  granted  him  Saturday,  February  2, 
1907. 

Mr.  Covey  presented,  by  request.  Petition  No.  2  90,  relating  to  Sub- 
mission of  the  Whisky  Question  to  a  Vote  of  the  People, — referred  to 
Committee  on  Liquor  Traffic. 


204  JOURNAL  OF   CONSTITUTIONAL 

Mr.  Haskell  introduced  Resolution  No.  7S,  relating  to  the  Control 
of  the  Oil  Trust  in  Oklahoma, — went  over  under  the  rules. 

Mr.  Williams  of  108,  introduced  Constitutional  Proposition  No. 
426,  relating  to  Taxation  of  Bonds,  Notes  and  Other  Obligations,— 
read  by  title  and  referred  to  Committee  on  Banks,  Banking,  Loan,  Trust 
and   Guaranty   Companies. 

Mr.  Nelson  was  appointed  Chairman  pro  tempore  of  the  Committee 
on  Judicial  Apportionment,  vice  Mr.  Sandlin,  unable  to  attend  the  sit- 
tings of  the  committee. 

Mr.  Henshaw  was  appointed  a  member  pro  tempore  of  the  Com- 
mittee  on    Judicial    Apportionment. 

Consideration  of  three  General  Orders  having  been  called  for,  the 
Convention  resolved  itself  into  Committee  of  the  Whole,  with  Mr.  Car- 
ney   in    the    chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  as  Chairman  of  the  Committee  of  the 
Whole,  Mr.   Carney  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Reports  Nos.  15, 
29  and  30,  and  recommend  that  action  upon  Report  No.  15  be  deferred 
until  after  consideration  of  Committee  Report  No.  35,  and  upon  Com- 
mittee Reports  Nos.  2  9  and  30,  as  well  as  upon  the  residue  of  the 
matters    referred    to   us,    we   have    made    progress    and    ask    leave   to    sit 

again. 

J.    J.    CARNEY,    Chairman. 

On  motion  of  Mr.  Rogers,  the  report  was  adopted. 

On  motion  of  Mr.  Majors,  the  Convention  took  recess  until  1:30 
p.  m. 

CONVENTION  CHAMBER. 
Afternoon  Session,  Monday,  February  4,  1907 — 1:30  P.  M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

Roll  called;    a  quorum   present. 

Mr.  Caudill  introduced  Constitutional  Proposition  No.  4  27,  being  a 
proposition  to  Limit  the  Powers  of  the  Legislature  to  Employ  Assist- 
ants,  read  by  title  and  referred  to  the  Committee  on  Executive  Depart- 
ment. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  further  consideration  of  General  Orders,  with  Mr.  Langley 
in   the   chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Lang- 
ley,  as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 


CONVENTION    OF   OKLAHOMA.  205 

Mr.  President:  We,  your  Committee  of  tlie  Whole  Convention,  to 
wliom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Reports  Nos.  30,  31, 
3  2  and  34,  and  recommend  that  Committee  Report  No.  31  be  re-referred 
to  the  Committee  on  Executive  Department;  that  action  on  Committee 
Report  No.  3  2  be  deferred  until  after  consideration  of  Committee 
Report  No.  31,  by  the  Committee  on  Executive .  Department,  Report  No. 
32  being  by  the  Committee  on  Crimes  and  Punishment;  that  we  recom- 
mend that  Committee  Report  No.  34  be  adopted,  ordered  engrossed,  and 
passed  to  its  third  reading  and  final  passage,  as  amended  in  Commit- 
tee of  the  Whole;  and  upon  Committee  Report  No.  30,  by  the  Com- 
mittee on  Public  Roads  and  Highways  and  Internal  Improvements,  as 
well  as  upon  the  residue  of  the  matters  referred  to  us,  we  report 
progress   and   ask  leave  to   sit   again. 

J.   H.   LANGLEY,   Chairman. 

On    motion,    the    report   was    adopted. 

Mr.  King,  Vice-Chairman  of  the  Committee  on  Rules,  filed  report 
and  upon  his  motion,  same  was  adopted,   as  follows: 

Mr.  President:  We,  your  Committee  on  Rules,  recommend  that 
Committee  Report  No.  33,  being  report  of  Committee  on  Suffrage,  be 
advanced  to  first  place  on  the  Calendar,  and  be  made  a  Special  Order 
for  the  morning  session   of   February    5th. 

J.    F.    KING,    Vice-chairman. 

On  motion  of  Mr.  Henshaw,  the  Convention  took  recess  until  9:30 
a.   m.,   Tuesday,  February   5th,    1907. 

CONVENTION  CHAMBER. 
Morning  Session,   Tuesday,   February   5,    1907 — 9:30  A.   M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

Invocation   by   Chaplain. 

Roll  called;  a  quorum  present.  Absent:  Alderson, 'Board,  Dearing, 
Edley,  Edmondson,  Fisher,  Harris,  Hendricks,  Hopkins,  .lohnston. 
Leeper,  McClain,   McClure,  Sandlin,  Safer,   Stowe  and  Savage. 

Messrs.  Edley,  Edmondson  and  Harris  were  excused  on  account  of 
sickness. 

Mr.   Messenger  was  excused   for  absence  on  Monday. 

Mr.   Fisher  was  excused   for  absence  on  Monday  and  Tuesday. 

Messrs.  Board,  Dearing,  Gardner,  .lohnston,  Leeper,  Mathis,  Sand- 
lin,  Savage,   Safer,   McClure  and   Stowe  had  previously  been  excused. 

A  communication  to  Mr.  Leahy  from  the  Department  of  the  Interior 
was  read  in  which  was  acknowledged  receipt  of  a  Memorial  of  the  Con- 
vention relating  to  Sale  of  Lots  in  Towns  in  the  Indian  Territory,  and 
in   the  Segregated   Coal   Districts. 

Mr.    Ramsey    presented    Petition    No.    291,    relating    to    Location    of 


20G  .TOdRNAL  OP  CONSTITUTIONAL 

Capitol, — referred  to  the  Committee  on  Public  Institutions  and  State 
Buildings. 

Mr.  Hanraty  presented  Petitions  Nos.  292  to  37  6,  inclusive,  from 
approximately  24,000  members  of  Trades  Unions  in  Oklahoma  and 
Indian  Territory,  praying  for  Provisions  for  Woman  Suffrage, — referred 
to  the  Committee  on  Suffrage. 

Mr.  Hanraty  introduced  Resolution  No.  79,  relating  to  Surplus 
Allotments  and  Other  Lands  in  the  Indian  Territory, — referred  to  the 
Committee  on   Coal,   Oil,    Gas   and   Timber  Lands. 

Resolution  No.  78,  by  Mr.  Haskell,  having  been  made  a  Special 
Order  of  the  day,  was  taken  up  for  consideration. 

Mr.  Haskell  offered  a  substitute  and  moved  its  adoption. 

Mr.  Asp  offered  a  substitute  for"  the  substitute  of  Mr.  Haskell, 
which,  on  motion,  was  laid  on  the  table. 

The  vote  recurring  on  the  motion  to  adopt  the  substitute  of  Mr. 
Haskell,   same   was   adopted,    as    follows: 

RESOLUTION    NO.    78. 

Whereas,  It  appears  from  showing  made  of  the  existing  laws  gov- 
erning oil  inspection  in  Oklahoma  Territory,  that  said  laws  are  so 
framed  as  to  exclude  all  oils  except  those  controlled  by  the  Standard 
Oil  Company  from  the  Territory  market  by  reason  of  the  technical  rules 
wholly  without  benefit  to  the  consumer,  and  which  result  in  Oklahoma 
oil  consumers  being  charged  about  40  per  cent  more  for  the  oil  they 
use  than  the  same  company  charges  for  such  oil  in  the  adjoining  states, 
and. 

Whereas,  Should  this  law  be  extended  over  the  whole  State  as  it 
would  be  under  the  terms  of  the  Statehood  Bill,  unless  we  otherwise 
provide,  would  destroy  the  market  for  the  oil  product  of  our  own 
State  in  our  markets. 

Wherefore,  Be  It  Resolved,  That  if  the  above  be  found  true  by  the 
Committee  on  Manufacture  and  Commerce,  this  monopoly  of  the  Stand- 
ard Oil  Company  be  forever  destroyed  and  prohibited  and  to  that  end 
the  Committee  on  Commerce  be  instructed  to  bring  in  a  provision  sub- 
stituting the  oil  test  law  of  Texas,  or  such  other  law  as  the  committee 
may  advise. as  a  substitute  for  that  of  Oklahoma  Territory;  such  substi- 
tute to  be  and  remain  the  law  of  the  New  State  until  the  Legislature 
otherwise  provides. 

Consideration  of  three  General  Orders  having  been  called  for,  the 
Convention  resolved  itself  into  Committee  of  the  Whole,  with  Mr. 
Langley  in  the  chair. 

At  the  noon  hour.  Committee  of  the  Whole  rose.  President  Mur- 
ray resumed  the  chair,  and  Mr.  Langley,  as  Chairman  of  the  Committee  of 
the  Whole,   reported  as  follows: 


CONVENTION   OF   OKLAHOMA.  207. 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  33,  by  the 
Committee  on  Suffrage,  and  that  thereon,  as  well  as  upon  the  residue 
of  matters  referred  to  us,  we  have  made  progress  and  ask  leave  to  sit 
again. 

J.   H.    iuANGLEY,   Chairman. 

On    motion    of    Mr.    Ellis,    the    report   was    adopted. 

On  motion  of  Mr.  Baker,  the  Convention   took   recess  until   2   p.   m. 

CONVENTION   CHi\MBER. 
Afternoon  Session,   Thursday,   Februai'y  5,    1907t — 2   P.   M. 

Convention  called  to  order;    President  Murray   in   the  chair. 

On  motion  of  Mr.  Bryant,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  for  further  consideration  of  General  Orders,  with 
Mr.  Langley   in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Langley, 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  33,  by  the 
Committee  on  Suffrage,  and  that  thereon,  as  well  as  upon  the  residue 
of  the  matters  referred  to  us,  we  have  made  progress  and  beg  leave  to  sit 
again. 

J.  H.  LANGLEY,  Chairman. 

On  motion  of  Mr.  Dalton,  the  report  was  adopted. 

On  motion  of  Mr.  Pittman,  the  Convention  took  recess  until  9:30 
a.  m.,  Wednesday,  February   6,    1907. 

CONVENTION    CHAMBER. 
Morning  Session,  Wednesday,  February  6,  1907 — 9:30  A.  M. 

Convention  called   to  order;    President  Murray   in  the  chair. 

Invocation  by  Chaplain. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Alderson,  Board, 
Edley,  Edmondson,  Frye,  Gardner,  Harris,  Hendricks,  Hopkins,  Johnston 
Leeper,   McClure,  Sandlin  and  Sater. 

Messrs.  Alderson,  Board,  Edmondson,  Gardner,  Harris,  Hopkins, 
Johnston,  Leeper,  McClure,  Sandlin  and  Sater  had  been  previously 
excused. 

Mr.  Frye  was  excused  on  account  of  business. 

Messrs.  Asp  and  Cloud  asked  to  be  excused  on  account  of  important 
business;    requests   were   granted. 


.208  JOURNAL  OF  CONSTITUTIONAL 

President  Murray  announced  the  resignation  of  Minute  Clerk,  O.  G. 
Harper;  his  desire  that  the  offices  of  Minute  Clerk  and  Journal  Clerk 
be  merged  into  one,  and  the  appointment  of  E.  C.  Patton,  the  present 
Journal  Clerk,  to  the  combined  offices  of  Minute  and  Journal  Clerk. 
On  motion  of  Mr.  Henshaw,  said  offices  were  combined  and  the  appoint- 
ment  of    Mr.    Patton    was   confirmed. 

Mr.  Chambers  presented,  by  request.  Petition  No.  3  7  7,  from  a  mass 
meeting  of  Atoka  County  Democrats,  praying  for  an  early  primary  elec- 
tion,— referred  to  the   Committee   on   Primary   Elections. 

Mr.  Caudill  presented,  by  request,  Petition  No.  378,  from  Granite, 
Oklahoma,  for  Woman  Suffrage, — ^referred  to  the  Committee  on  Suf- 
frage. 

Mr.  Curl,  Chairman  of  the  Committee  on  Banks,  Banking,  Loan, 
Trust  and  Guaranty  Companies,  filed  Report  No.  41,  which  was  referred 
to  the  Committee  of  the  Whole  and  ordered  printed. 

Mr.  Chambers,  Chairman  of  the  Special  Committee  on  Segregated 
Coal  and  Asphalt  Lands,  filed  Report  and  on  his  motion,  same  was 
adopted   as   follows: 

Mr.  President:  We,  your  Committee  on  Segregated  Coal  and 
Asphalt  Lands  in  the  Indian  Territory,  having  had  under  consideration 
Memorial  No.  72,  pi'esented  by  Carlton  Weaver,  beg  to  report  the  same 
back  to  this  Convention  as  amended  by  said  committee,  and  recom- 
mend its  adoption.  Your  committee,  having  had  under  consideration 
Memorial  No.  79,  introduced  by  Pete  Hanraty,  state  that  the  same  is  a 
duplicate  of  the  Memorial  presented  by  Mr.  Weaver  and  is  therefore  not 
recommended  for  adoption. 

Respectfully  submitted, 

JAMES  H.  CHAMBERS,  Chairman. 

The  Memorial  adopted  as  a  part  of  said  report  is  as  follows: 

A   MEMORIAL. 

To  the  Congress  of  the  United  States: 
To   the   President,    Theodore   Roosevelt: 

Whereas,  The  Special  Senate  Committee  on  Indian  Affairs  has  rec- 
ommended the  removal  of  restrictions  upon  the  alienation  of  surplus 
allotments  and   other  lands  in  the  Indian   Territory;    and, 

Whereas,  The  material  interest  of  all  the  people  of  the  Indian 
Territory,  as  well  as  the  State  at  large,  depend  upon  a  broad  and  equal 
distribution  of  the  landed  interests;   therefore, 

Be  it  resolved.  That  we,  the  representatives  of  the  people  of  the 
Indian  Territory  and  Oklahoma,  in  Constitutional  Convention  assembled, 
do  respectfully  pray  that  sale  of  all  said  surplus  land  be  restricted  so 
as    to   prohibit   land    or   lease    monopolies,    and    to    permit    only    natural 


CONVENTION   OF   OKLAHOMA.  209 

persons  to  become  purchasers  or  lessees  thereof,  aijd  then  only  of  such 
limited  amounts  as  will  guarantee  a  broad  and  equal  distribution. 

Resolved,  That  a  copy  of  this  Memorial  be  forwarded  to  both 
Houses  of  Congress  and  the  President  of  the  United  States. 

Consideration  of  three  General  Orders  of  the  Calendar  having  been 
called  for,  the  Convention  resolved  itself  into  Committee  of  the  Whole, 
for  consideration  of  same,  with   Mr.    Pittman  in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President  Mur- 
ray resumed  the  chair,  and  Mr.  Pittman,  as  Chairman  of  the  Com- 
mittee of  the  Whole,   reported   as   follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  general  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  33,  by  the 
Committee  on  Suffrage,  and  that  we  have  made  progress  thereon,  as 
well  as  upon  the  residue  of  matters  referred  to  us,  and  ask  leave  to 
sit   again. 

CHARLES   rf.    PITTMAN,   Chairman. 

On    motion    of   Mr.    Ellis,    the   report   was    adopted. 

On   motion,   the   Convention   took    recess  until    2    p.   m. 

CONVENTION    (ILVMBEK. 
Afternoon  Session,  AVednesdxiy,  February  6,   1907 — 3  P.  M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

On  motion  of  Mr.  Henshaw,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  further  consideration  of  General  Orders, 
with  Mr.  Pittman  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Pittman, 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  33,  by  the 
Committee  on  Suffrage,  and  recommend  the  adoption  of  same  as 
amended  in  Committee  of  the  Whole,  with  the  exception  of  Section  3  as 
amended,  and  we  further  recommend  that  same  be  not  ordered  en- 
grossed until  action  is  taken  upon  a  motion  to  reconsider  the  Leahy 
Amendment  to  said  Section  3,  and  upon  the  residue  of  the  matters 
referred  to  us  we  have  made  progress  and  ask  leave  to  sit  again. 

CHARLES  H.    PITTMAN,   Chairman. 

On   motion,   the   report   was   adopted. 

Mr.   Akers   was   excused    for  an   indefinite   time. 

On  motion,  the  Convention  took  recess  until  9:30  o'clock,  Thursday, 
February   7th,   1907. 


210  JOURNAL  OF  CONSTITUTIONAL 

CONVENTION    CHAMBER. 
Morning  Session,  Thursday,  Februai-y  7,   1907 — 9:30  A.  M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

Invocation    by    Delegate    Bearing,    of    44th    District. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Akers,  Alderson, 
Bowers,  Bi*ewer,  Cloud,  Edmondson,  Frye,  Gardner,  Harris,  Harrison  ot 
88,  Hendricks,  Hopkins,  Deeper,  McClure,  Cloud,  Edmondson,  Mathis, 
Sandlin,  Sater,  Tosh,  Willis  and  Wood  of  8. 

Messrs.  Alderson,  Akers,  Cloud,  Edmondson,  Gardner,  Frye,  Harris, 
Hopkins,  Deeper,  McClure,  Mathis,  Sandlin,  Sater  and  Wood  of  8,  had 
been   previously   excused. 

Mr.   Harrison  of   88,  was  excused  indefinitely. 

Mr.  Edmondson's  leave  of  absence  was  extended  on  account  of  sick- 
ness. 

Mr.  Cobb  presented  Petition  No.  379,  relating  to  Location  of  Cap- 
ital,— referred  to  Committee  on  Public  Institutions  and  State  Builcfmgs. 

Mr.  Swarts  presented  Petition  No.  3  80,  being  a  Memorial  from  the 
Commercial  Club  of  Ramona,  Indian  Territory,  relating  to  Keeping  the 
Gas  Production  Within  the  State, — referred  to  Committee  on  Coal,  Oil, 
Gas  and   Timber  Dands. 

Mr.  Murray  presented,  by  request,  Petition  No.  381,  from  the 
Board  of  Education  of  Oklahoma  City,  protesting  against  Printing  Text- 
Books   by   the   State, — referred   to    Committee    on    Public    Printing. 

Mr.  Haskell,  Chairman  of  the  Committee  on  Primary  Elections,  and 
Mr.  Jones,  Chairman  of  Committee  on  General  Elections,  presented 
Petition  No.  382,  being  a  Memorial  to  the  Convention  to  have  submitted 
to  the  Committee  on  Judiciary  and  Judicial  Department  certain  inquiries 
of  the  Committees  on  Primary  Elections  and  General  Elections, — refer- 
red to  the  Committee  on   Judiciary   and   Judicial   Department. 

Mr.  Murray  introduced  Constitutional  Proposition  No.  4  28,  being  a 
proposition  relating  to  the  Regulation  of  Insurance  in  the  State  of 
Oklahoma,  introduced  at  the  request  of  Mr.  Fulton, — read  by  title  and 
referred  to  the  Committee  on  Insurance. 

Mr.  Baker,  Chairman  of  the  Committee  on  State  and  School  Lands, 
filed  majority  Report  of  that  Committee,  No.  42,  and  Mr.  Fisher  filed 
a  minority  report,  both  of  which  were  read, — referred  to  the  Committee 
of  the  Whole,  and  300  copies  of  each  were  ordered  printed. 

Consideration  of  three  General  Orders  of  the  Calendar  having  been 
called  for,  the  Convention  resolved  itself  into  Committee  of  the  Whole 
for  consideration  of  same,  with  Mr.  Jones  in  the  chair. 

At  the  noon  hour,  Committee  of  the  Whole  rose.  President  Mur- 
ray resumed  the  chair,  and  Mr.  Jones,  as  Chairman  of  the  Committee 
of  the  Whole,  reported  as  follows: 

Mr.   President:      We,  your  Committee  of   the  Whole  Convention,  to 


CONVENTION  OF   OKLAHOMA.  211 

whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  33,  upon 
a  motion  to  reconsider  Section  3  thereof,  with  proposed  amendment, 
and  we  recommend  said  report  for  adoption,  that  it  be  ordered  en- 
grossed and  passed  to  its  third  reading  and  final  passage,  as  amended 
in  Committee  of  the  Whole,  and  upon  the  residue  of  the  matters  refer- 
red to  us,  we  have  made  progress  and  ask  leave  to  sit  again. 

CHAM   JONES,    Chairman. 

On    motion    of    Mr.    Latimer,    the    report    was    adopted. 

Mr.  Carr  moved  that  when  the  Convention  do  adjourn  that  it  be 
for  recess  until  1:30   p.   m.     The  motion  prevailed. 

The  Convention  took  recess  until  1:30  p.  m. 

C0N\^NT10N    CHA^IBER. 
Afternoon  Session,  Thursday,  February  7,  1907 — 1:30  P.  M. 

Convention  called  to  order;    President  Murray   in   the  chair. 

Roll    called;    a    quorum   present. 

Mr.  Haskell  introduced,  by  request.  Constitutional  Proposition  No. 
428,  being  a  proposition  relating  to  Regulation  and  Control  of  Rail- 
roads and  Other  Common  Carriers  in  the  State  of  Oklahoma, — read  by 
title  and  referred  to  the  Committee  on  Railroads  and  Public  Service 
Corporations. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole  for  further  <5onsideration  o^  General  Orders,  with  Mr.  Jones  in 
the    chair. 

After  consideration  of  the  matters  referred  to  it.  Committee  of  the 
Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Jones,  as 
Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  25,  by  the 
Committee  on  Judiciary  and  Judicial  Department,  and  that  thereon,  as 
well  as  upon  the  residue  of  the  matters  referred  to  us,  we  have  madn 
progress  and  ask  leave  to  sit  again. 

CHAM    JONES,    Chairman. 

On   motion,   the   report  was   adopted. 

Mr.  Haskell  introduced  Resolution  No.  80,  embracing  report  of 
Special  Committee  on  Convention  Expenses,  and  Memorial  to  Congress, 
which,  on  motion,  was  adopted  and  ordered  printed  for  transmission  to 
Congress  as  follows: 

RE,S(>LUTI()N    NO.    80. 

Whereas,  The  Constitutional  Convention  for  the  proposed  State  of 
Oklahoma,   assembled   at   Guthrie   on   the    20th   day    of    November,    190  6, 


212 


JOURNAL  OF  CONSTITUTIONAL 


under  and  in  pursuance  of  the  provisions  of  the  Act  of  Congress  ap- 
proved June  16,  1906,  for  the  purpose  of  forming  a  Constitution  for  the 
State  of  Oklahoma;    and, 

Whereas,  The  said  Constitutional  Convention  is  still  in  session  for 
the  purpose  of  forming  such  Constitution,  and  its  work  in  that  behalf  is 
not  yet  completed;   and, 

Whereas,  It  is  believed  that  the  said  Constitutional  Convention 
cannot  complete  its  labors   until  about  March   1,   1907;    and. 

Whereas,  The  expenses  of  the  first  election  for  the  purpose  of  elect- 
ing  delegates   to  the   Constitutional    Convention,    reported   from   the   Sec- 
retary of  the  Territory,  are  substantially  as  follows: 
Item   1.     Expense  for  distributing  and  canvassing  board,  in- 
cluding clerk  hire,   traveling  expenses   of  members 
of  the  board,  postage,  stationery  of  both  Oklahoma 
and    Indian    Territory,    estimated,    as    expenses    are 

not    all    in $      3,000.00 

Item  2.  Ballots,  printing  of  same,  rubber  stamps,  stamp 
pads,  ink,  pens,  envelopes,  sample  ballots,  stat- 
utory notices,  express  charges,  clerk  hire  in  as- 
sorting   ballots    and    sealing 6,000.00 

Item  3.  Booths,  ballot  boxes,  freight  and  expenses  of  dis- 
tribution              4,500.00 

Item   4.      One     thousand      six      hundred      and      seventy-eight 

election  boards,  five  each,   at  $2.00   per  day 16,780.00 

Item  5.  Fifty-six  election  commissioners  appointed  under 
Enabling  Act,  under  Section  2  of  the  Act:  "To 
distribute  all  ballots  and  election  supplies  to  sev- 
eral precincts  in  his  district,  receive  the  election 
returns  from  the  judges  in  precincts  and  deliver  the 
same  to  the  canvassing  board  herein  named,  to 
.establish  and  define  the  necessary  election  pre- 
cincts,"   estimated    $200.00    each 11,200.00 

Item  6.  One  .  thousand  six  hundred  and  seventy-eight  in- 
spectors coming  for  election  supplies  and  receiv- 
ing   and    delivering    returns    to    election    commis- 

missioner,    $5.00    each. 8,390.00 

Item   7.     Eight   hundred    polling    places,    estimated    at    $3.00 

each    , 2,400.00 

Total     $    52.270.00 


and, 


Whereas,   The  estimated  expenses  of  such   Convention   for  the  first 


CONVENTION   OF   OKLAHOMA.  213 

sixty  days  of  its  session  will  aggregate  approximately  for  the  following: 
Rent,     light,     fuel,     committee     rooms,     stationery 

and    supplies    $  5,000.00 

Mileage   of    members 5,9  80.00 

Per  diem  of  members 27,000.00 

Clerk  hire,  Convention  as  now   listed 12,000.00 

Total     $  49,980.00 

and, 

Whereas,    The    estimated    expenses    of    such    Convention  until    the 
Constitution   is  completed   is  as  follows: 

Per  diem  of  members  30  days $  15,440.00 

Rent,   light,    fuel,    committee   rooms,    stationery   and 

supplies 3.000.00 

Employes  of  Convention 10,000.00 


$    28,440.00 
and, 

Whereas,  As  to  the  expenses  of  the  election  to  ratify  the  Consti- 
tution and  elect  officers  of  the  New  State  thereunder,  we  estimate  as  fol- 
lows. 

Item  1.  One  thousand  six  hundred  and  seventy-eight  elec- 
tion precincts,  five  men  to  each  precinct,  $2.00  per 

day,  and  two  days,  $20.00  for  each  precinct 33,560.00 

Item  2.  Fifty-six  election  commissioners  to  perform 
same  at  the  second  election  as  required  of  them 
at    the    first    election,    which    number    of    election 

commissioners    may   be    insufficient 11,200.00 

Item  3.  One  thousand  six  hundred  and  seventy-eight  elec- 
tion inspectors  at  an  average  of   $5.00  each 8,290.00 

Item  4.  Printing  bill,  including  ballots,  poll-books,  sam- 
ple ballots,  affidavits,  notices,  vouchers  and  sta- 
tionery             18.000.00 

Item   5.      Ballot  boxes,   booths,   and   expenses  of   distributing, 

including  drayage,  freight  and  express 6,000.00 

Item   6.     Rent  of  polling  places,   800  at  $3.00,  estimated...         2,400.00 
Item   7.     Clerical   help,   preparing  tickets,   distributing   same, 
canvassing    returns,    preparing    abstract    copies    to 
be    transmitted    to    the    President    of    the    United 
States     ' 500.00 


Total     ) $    84,550.00 


and, 


214  JOURNAL  OP  CONSTITUTIONAL 

Whereas,  The  cost  of  printing  for  such  Convention  under  con- 
tracts of  such  Convention,  and  printing  not  contracted  for,  will  aggre- 
gate approximately  the  sum  of  $20,000.00. 

RECAPITULATION. 

Estimated   cost   of    first   election $    52,270.00 

Estimated     cost     Convention     expenses,     first     sixty 

days     49,980.00 

Estimated    cost    Convention    expenses    until    Consti- 
tution   is    completed 28,440.00 

Estimated   expenses   second    election 84,550.0t) 

Estimated    cost    of    printing 20,000.00 

Total     $235,240.00 

Appropriation     $100,000.00 

Estimated    deficiency    $135,240.00 

and. 

Whereas,  According  to  such  estimates,  there  will  be  a  deficit,  after 
exhausting  the  one-bundred-thousand-dollar  appropriation  made  by  said 
Act  of   Congress   of   approximately    $135,240.00. 

Therefore,  Be  It  Resolved,  That  the  Constitutional  Convention  re- 
spectfully asks  the  Congress  of  the  United  States  to  make  an  additional 
appropriation  covering  the  expenses  of  such  Convention  and  the  ex- 
penses of  the  election  held  and  to  be  held  under  such  Enabling  Act,  to 
the  end  that  justice  may  be  done  the  people  of  such  State  from  addi- 
tional burden;    and. 

Resolved,  Further,  That  a  copy  of  this  Resolution  be  transmitted 
to  the  President  of  the  United  States,  to  the  Vice  President  of  the 
United  States,  to  the  Speaker  of  the  House  of  Representatives,  to  the 
Honorable  Secretary  of  the  Treasury,  and  to  the  Chairman  and  each  of 
the  members  of  the  Committee  on  Appropriations  of  the  Senate  and 
House  of  Representatives  of  the  United  States,  and  that  the  Hon.  B.  S. 
McGuire,  Delegate  from  the  Territory  of  Oklahoma,  to  the  Congress  of 
the  United   States. 

Mr.  Graham  introduced  Resolution  No.  81,  relating  to  Holding 
Night  Sessions, — referred  to   the  Committee  on  Rules  and   Procedure. 

Mr.  Graham,  Chairman  of  the  Committee  on  Private  Corporations, 
filed  Report  No.  4  3,  which  was  referred  to  the  Committee  of  the  Whole 
and  ordered   printed. 

Mr.  Majors,  Chairman  of  the  Committee  on  Mines,  Mining,  Oil  and 
Gas,  filed  Report  No.  26,  (re-committed),  amended,  which  was  referred 
to    the   Committee   of    the   Whole   and    ordered    printed. 

On  motion  of  Mr.  Weaver,  the  Convention  took  recess  until  Fri- 
day, February  8th,  1907. 


CONVENTION   OF   OKLAHOMA.  215 

CONVENTION  CHAMBER. 
Morning   Session,    Iiiday,   I'cbiuary   8,    1007 — 9:30   A.   M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

Invocation  by  Delegate  Stowe,  of  9»th  District. 

Roll  called;  a  quorum  present.  Absent:  Akers,  Alderson,  Bowers, 
Cloud,  Edmondson,  Frye,  Harned,  Harris,  Harrison  of  88,  Hendricks, 
Hopkins,  Hudson,  Hughes,  Johnston,  Kelly,  Leeper,  McClure,  Mathis, 
Rogers,  Sandlin,  Sater,   Tosh,  Turner  and  Wills. 

Messrs.  Akers,  Alderson,  Cloud,  Edmondson,  Frye,  Harris,  Hen- 
dricks, Harrison  of  88,  Hopkins,  Leeper,  McClure,  Sandlin,  SaJ:er  had 
been   previously   excused. 

Mr.  Mathis'  leave  of  absence  was  extended  indefinitely  on  account 
of  sickness.  '  ■'1^' 

Mr,  Bilby  was  excused  from  attending  session  of  Saturday,  Feb- 
ruary  »tli. 

Mr.  Rogers  was  excused  from  the  sessions  of  the  day  on  account  of 
sickness. 

Mr.  Kelly  was  excused  for  Saturday  of  this  week  and  Monday  of 
next  week  on  account  of  important  business. 

The  Male  Quartet  of  the  Central  State  Normal,  of  Edmond,  Okla- 
homa, composed  of  Prof.  Theo.  E.  Fitz,  Willard  W.  Fowler,  Walter  B. 
McGilliroy  and  Fay  W.  Chapman,  being  present,  was  invited  and  sang 
before  the  Convention,  and  on  motion  of  Mr.  Cochran,  a  vote  of  thanks 
extended  them. 

The  Calendar  was  called  and  the  consideration  of  three  General 
Orders  having  been  called  for,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole  for  the  consideration  of  same,  with  Mr.  Stowe  in 
the   chair. 

At  the  noon  hour  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr.  Stowe,  as  Chairman  of  the  Commit- 
tee of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  10,  (re- 
committed), by  the  Committee  on  Railroads  and  Public  Service  Cor- 
porations, and  recommend  the  adoption  of  same;  that  it  be  ordered 
engrossed,  and  passed  to  its  third  reading  and  final  passage,  as  amended, 
in  Committee  of  the  Whole.  That  we  have  had  under  consideration 
Committee  Report  No.  41,"  by  the  Committee  on  Banks  and  Banking, 
Tioan,  Trust  and  Guaranty  Companies  and  that  thereon,  as  well  as  upon 
the  residue  of  the  matters  referred  to  us,  we  have  made  progress  and 
ask  leave  to   sit  again. 

F.   J.   STOWE,   Chairman. 

On  motion  of  Mr.  Chambers,   the  report  was  adopted. 


216  JOURNAL  OF  CONSTITUTIONAL 

On  motion  of  Mr.  Haskell,  the  Secretary  of  the  Convention  was 
directed  to  forward  to  Honorable  Robert  L.  Owen,  Washington,  D.  C, 
the  copies  of  Resolution  No.   80,  prepared  for  transmission  to  Congress. 

Mr.  Chambers  introduced  Constitutional  Proposition  No.  430,  being 
a  proposition  to  Provide  for  Amendments  to  the  Constitution, — read, 
read  a  second  time  by  title,  and  referred  to  the  Committee  on  General 
Provisions,    Constitutional    Amendments    and    Revision. 

On  motion,  the  Convention  took  recess  until  2  p.  m. 

CONVEXTIOX  CHAMBER. 
.Afternoon    SeJ^sion,    Friday,    February    8,    1907 — 3    P.    M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

Mr.  King,  Vice-Chairman  of  the  Committee  on  Rules  and  Procedure, 
filed    report   and    on    motion    of    Mr.    Wood    of    S,    same    was    adopted    as 
follows: 
To  the  Constitutional  Convention: 

We,  your  Committee  on  Rules,  present  the  following  rule  and  move 
its  adoption: 

That  the  aye  and  nay  vote  shall  not  be  taken  in  Committee  of  the 
Whole  on  motions  to  tablr  postpone,  reconsider,  or  subsidiary  motions; 
and 

That  the  Official  Reporters  of  the  Convention  shall  be  allowed  as 
additional  compensation  to  the  per  diem  now  fixed  by  the  rules,  for 
transcribing  the  proceedings  of  the  Convention  and  of  the  Committee 
of  the  Whole,  the  sum  of  10  cents  per  100  words,  to  be  audited  and 
ordered  paid  under  the  direction   of   the  President. 

J.    F.    KING,    Vice-chairman. 

On  motion  of  Mr.  Curl,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole  for  further  consideration  of  the  General  Orders  of 
the  Calendar,  with  Mr.  Parker  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Parker. 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  41,  and 
recommend  the  adoption  of  Sections  1  and  2  thereof,  and  that  Section 
3  be  re-referred  to  the  Committee  on  Banks  and  Banking,  Loan,  Trust 
and  Guaranty  Companies,  and  that  the  same  be  not  ordered  engrossed 
and  passed  to  third  reading  until  after  final  action  on  Section  3;  and 
that  we  have  had  under  consideration  Committee  Report  No.  40,  by  the 
Committee  on   Public  Printing,   and   recommend   that   same  be   adopted. 


CONVENTION   OF   OKLAHOMA.  217 

and    upon    the    i-esidue   of    the    matters    referred    to    us,    we    have    made 
progress  and  beg  leave  to  sit  again. 

GABE  E.   PARKER,  Chairman. 

On  motion  of  Mr.  Carr,  the  report  was  adopted. 

On  motion  of  Mr.  Swarts,  the  Convention  took  recess  until  9:30 
a.  m.,  Saturday,  February  9,  1907. 

CONVENTION  CHAMBER. 
Morning  Session,  Saturday,  February  9,   1907 — 9:30  A.  M. 

Convention  called  to  order;    Pi-esident  Murray  in  the  chair. 

Invocation  by  Delegate  Williams,  of  3rd  District. 

Roll  called;  a  quorum  present.  Absent:  Akers,  Allen,  Alderson, 
Bilby,  Brewer,  Cloud,  Curl,  Edmondson,  Frye,  Gardner,  Graham,  Harned, 
Harris,   Harrison  of   SS,   Hendricks   and   Safer. 

Messrs.  Akers,  Alderson,  Bilby,  Cloud,  Edmondson,  Frye,  Gardner, 
Harris,  Harrison  of  SS,  Hendricks,  Hopkins,  Leeper,  McClure,  Mathis, 
Kelly,  Rogers,  Sandlin  and  Safer  had  previously  been  excused. 

Messrs.  Curl,  Graham  and  Pittman  were  excused  from  attending 
the  day's  sessions  on  account  of  important  business. 

Mr.  Turner  was  excused  for  absence  on  yesterday  and  for  an  in- 
definite time  on  account  of  sickness. 

William  E.  L.  Durant  was  appointed  Page  to  the  President  in  lieu 
of  Clive  Murray,   resigned. 

The  Calendar  was  called  and  consideration  of  three  General  Orders 
having  been  called  for,  the  Convention  resolved  itself  into  Committee 
of  the  Whole,  with  Mr.   Swarts  in  the  chair. 

At  the  noon  hour  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr.  Swarts,  Chairman  of  the  Committee 
of  the  Whole,   reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  40,  on  a 
motion  to  take  same  from  the  table,  and  that  same  be  not  adopted, 
session  of  February  8th,  1907,  and  recommend  that  same  be  adopted, 
ordered  engrossed,  and  passed  to  third  reading  and  final  passage  as 
amended  in  Committee  of  the  Whole:  and  that  we  have  had  under  con- 
sideration Committee  Report  No.  25,  by  the  Committee  on  Judiciary  and 
Judicial  Department,  and  that  thereon,  as  well  as  upon  the  residue  of 
the  matters  referred  to  us,  we  have  made  progress  and  ask  leave  to 
sit   again. 

J.  W.  SWARTS,  Chairman. 

On   motion,   the   report   was   adopted. 

Mr.   Banks,   Chairman   of  the   Committee   on    County   and   Township 


218  JOURNAL  OF  CONSTITUTIONAL 

Organization,  filed  Report  No.   4  4,  which  was  referred  to  the  Committee 
of    the   Whole    and   ordered    printed. 

Mr.  Leahy  introduced  Resolution  No.  83,  which  on  motion  of  Mr. 
Haskell,  was  adopted  as  follows: 

Whereas,  A  Joint  Committee,  consisting  of  members  from  the  Leg- 
islature of  the  State  of  Kansas,  and  from  the  Legislature  of  the 
State  of  Missouri,  have  recently  completed  an  investigation  of  the  oper- 
ation and  management  of  the  Stock  Yards  Company,  of  Kansas  City, 
Mo.;   and, 

Whereas,  Such  investigation  shows  an  unreasonable  profit  is  being 
made  by  such  company  to  the  great  detriment  of  the  live  stock  indus- 
try of  the  country;   and, 

Whereas,  Oklahoma  and  Indian  Territory  furnish  to  the  live  stock 
market  at  Kansas  City  an  extensive  patronage,  and  such  unjust  charges 
for  yardage,  feed  and  weighing  are  exceedingly  injurious  in  said  Ter- 
ritories;  and, 

Whereas,  There  is  now^  pending  in  each  of  the  Legislatures  of  the 
States  of  Kansas  and  Missouri,  a  bill,  each  the  duplicate  of  the  other, 
having  for  its  purpose  the  control  and  regulation  of  prices  to  be 
charged  at  said  stock  yards  for  yardage,  feeding  and  weighing,  to  the 
end  that  shippers  of  live  stock  may  be  fairly  and  justly  treated;  there- 
fore. 

Be  it  Resolved,  By  the  Constitutional  Convention  for  the  pro- 
posed State  of  Oklahoma,  that  said  proposed  bills,  being  known  in  the 
Kansas  Legislature  as  the  "Edwards  Bill,"  and  in  the  Missouri  Legis- 
lature as  the  "Seviers  Bill,"  hereby  receive  our  sincere  endorsement 
and  that  we  earnestly  desire  the  enactment  into  law  the  said  bills  or 
similar  measures  designed  to  secure  the  same  results. 

Be  it  Further  Resolved,  That  a  copy  of  this  resolution  be  for- 
warded to  Governor,  President  of  the  Senate  and  Speaker  of  the  House 
of  each  of  the  said  States  of  Kansas  and  Missouri. 

Mr.  Hayes  moved  that  when  the  Convention  do  adjourn,  it  stand 
adjourned   until   9:30   a.    m.,   Monday,    February,    11,    1907. 

Mr.  Majors  moved  to  amend  by  making  the  adjournment  until 
1:30  p.  m.   today.     The  amendment  prevailed. 

The   Convention   took   recess   until    1:30    p.    m. 

CONVENTION  CHAMBER. 
Afternoon  Session,  Saturday,  February  9,  1907 — 1:30  P.  M. 

Convention  called  to  order;    President  Murray  in   the  chair. 

Roll    called;    a   quorum   present. 

On  motion  of  Mr.  Henshaw,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  further  consideration  of  the  General  Or- 
ders,  with    Mr.   Nelson   in    the   chair. 


CONVENTION   OF   OKLAHOMA.  219 

After  consideration  of  tlie  matters  referred  to  it,  the  Committee  of 
the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Nelson,  as 
Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  25,  by  the 
Committee  on  Judiciary  and  Judicial  Department,  and  recommend  that 
Section  19  thereof  be  re-referred  to  the  Committee  of  Judiciary  and 
Judicial  Department,  to  re-draft  and  report  back;  and  upon  the  residue 
of  said  report,  as  well  as  upon  other  matters  referred  to  us,  we  have 
made  progress  and  ask  leave  to  sit  again. 

FLOWERS  NELSON,  Chairman. 

On  motion  of  Mr.   Turner,  the  report  was  adopted. 

Mr.  Swarts,  Chairman  of  the  Committee  on  Banks  and  Banking, 
Loan,  Trust  and  Guaranty  Companies,  filed  Report  No.  41,  (re-commit- 
ted), which  was  referred  to  the  Committee  of  the  Whole  and  ordered 
printed. 

Mr.  Maxey  introduced  Constitutional  Proposition  No.  4  31,  being  a 
proposition  to  provide  for  Protection  of  Home  Industries, — read  by  title 
and   referred   to   the   Committee   on    Manufactures   and    Commerce. 

On  motion  of  Mr.  Haskell,  the  Convention  adjourned  until  9:30  a. 
m.,    Monday,    February   11,    1907. 

CONVENTION  CHAMBER. 
Morning  Session,  Monday,  February  11,   1907 — 9:30  A.  M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

Invocation  by  Delegate  Cobb,  of  the  67th  District. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Akers,  Allen, 
Alderson,  Brewer,  Chambers,  Cloud,  Curl,  Edmondson,  Frye,  Gardner, 
Harris,  Hopkins,  Houston,  Hughes,  Kelly,  Leahy,  McClure,  Mathis,  Nor- 
ton, Sorrells,   Sandlin,  Sater  and   Turner. 

Messrs.  Akers,  Alderson,  Curl,  Gardner,  Harris,  Hopkins,  McClure, 
Mathis,  Kelly,  Sandlin,  Sater  and  Turner  had  been  previously  excused. 

Messrs.  Brewer,  Chambers,  Curl  and  Sorrells  were  excused  on  ac- 
count of  sickness. 

Mr.  Murray  presented,  by  request.  Petition  No.  383,  from  Jack  Fork 
County  Union,  Choctaw  Nation,  Protesting  Against  Establishment  of  Pub- 
lic Roads  on  Section  Lines, — referred  to  Committee  on  Public  Roads 
and  Highways  and  Internal  Improvements. 

Mr.  Murray  presented,  by  request  of  A.  A.  Leseur,  Petition  No. 
384,  from  Commercial  Club  of  Antlers,  Pushmataha  County,  Protesting 
Against  the  Establishment  of  Public  Roads  on  Section  Lines, — referred 
to    Committee   on    Public    Roads    and    Highways    and    Internal    Improve- 


220  JOURNAI-  OF  CONSTITUTIONAL 

ments. 

Mr.  Hunt  presented,  by  request.  Petition  No.  385,  relating  to  Pro- 
visions for  Medical  Board, — referred  to  the  Committee  on  the  Health 
and   Sanitation   and   the   Practice  of  Medicine  and   Pharmacy. 

Calendar  was  called  and  consideration  of  three  General  Orders 
having  been  called  for,  the  Convention  resolved  itself  into  Committee 
of  the  Whole,   with   Mr.    Wyly   in   the  chair. 

At  the  noon  hour  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr.  Wyly,  as  Chairman  of  the  Commit- 
tee of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  16,  by  the 
Committee  on  County  and  County  Boundaries,  and  recommend  that  their 
action  thereon  be  deferred  to  await  report  and  recommendations  of  the 
Committee  on  Rules  and  Procedure  relative  to  same;  that  we  have  had 
under  consideration  Committee  Report  No.  25,  by  the  Committee  on 
Judiciary  and  Judicial  Department,  and  recommend  that  the  action  upon 
Sections  22,  23,  24  and  25  thereof,  and  proposed  additional  sections, 
be  deferred  until  after  action  upon  Committee  Report  No.  44,  by  the 
Committee  on  County  and  Township  Organization,  and  upon  the  residue 
of  said  report,  we  have  made  progress;  that  we  have  had  under  consid- 
eration Committee  Report  No.  29,  and  recommend  that  same  be  refer- 
red to  the  Committee  on  Agricultare;  that  we  have  had  under  consider- 
ation Committee  Report  No.  37,  by  the  Committee  on  Homesteads  and 
Exemptions,  and  recommend  that  same  with  proposed  amendments  there- 
to, be  re-referred  to  the  Committee  on  Homesteads  and  Exemptions,  and 
upon  the  residue  of  the  matter  referred  to  us,  we  have  made  progress 
and  ask  leave  to  sit  again. 

A.   S.   WYLY,    Chairman. 

On  motion  of  Mr.   Jenkins,   the   report  was  adopted. 

Mr.  Graham  was  appointed  Chairman  pro  tempore,  and  Mr.  Haskell 
a  member  pro  tempore,  of  the  Committee  on  Homesteads  and  Exemp- 
tions. 

On  motion,  the  Convention  took   recess  until    2   p.   m. 

CONVENTION  CHAMBER. 
Afternoon  Session,  Monday,   February   11,    1907 — 2   P.  M. 

Convention  called  to  order;   President  Murray  in  the  chair. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  further  consideration  of  the  General  Orders,  with  Mr.  Helton 
in  the  chair.  After  consideration  of  General  Orders,  the  Committee  of 
the  Whole  rose,  and  Mr.  Helton,  as  Chairman,  reported  as  follows: 


CONVENTION  OF  OKLAHOMA.  2  21 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  38,  by  the 
Committee  on  Salaries  and  Compensation  of  Public  Officers,  and  recom- 
mend that  same  be  adopted,  ordered  engrossed  and  passed  to  third 
reading  and  final  passage,  as  amended  in  Committee  of  the  Whole;  that 
we  have  had  under  consideration  Committee  Report  No.  2  6,  by  the  Com- 
mittee on  Mines  and  Mining,  Oil  and  Gas,  and  recommend  that  same  be 
adopted,  ordered  engrossed  and  passed  to  third  reading  and  final  pass- 
age, as  amended  in  Committee  of  the  Whole,  and  upon  the  residue  of 
the  matters  referred  to  us,  we  have  made  progress  and  ask  leave  to  sit 
again. 

W.   L.   HELTON,   Chairman. 

On  motion,  the  report  was  adopted. 

Mr.  McClain,  Chairman  of  the  Committee  on  Insurance,  filed  Report 
No.  45,  which  was  referred  to  the  Committee  of  the  Whole,  and  ordered 
printed. 

The  Convention  took  recess  until  9:30  a.  m.,  Tuesday,  February 
12,    1907. 

CONVENTION  CHA3IIJER, 
Morning  Session,  Tuesday,  February  12,   1907 — 9:30  A.  M. 

Convention  called  to  order;   President  I\Lurray  in  the  chair. 

Invocation  by  Delegate  Stowe,  of  95th  District. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Akers,  Allen, 
Brewer,  Chambers,  Curl,  Edmondson,  Frye,  Gardner,  Harris,  Hopkins, 
Houston,  Leahy,  McClure,  Mathis,  Newell,  Quarles,  Sandlin  and  Safer. 

Messrs.  Akers,  Allen,  Brewer,  Chambers,  Curl,  Gardner,  Harris, 
Hopkins,  McClure,  Edmondson,  Frye,  Mathis,  Sandlin  and  Sater  had 
previously   been  excused. 

Mr.  Newell  was  excused  for  absence  on  account  of  the  death  of  his 
father. 

Mr.  King  was  excused  from  attending  the  morning  session  of 
Wednesday,  February  13. 

Mr.  Buchanan  was  excused  for  absence  on  yesterday  on  account  of 
sickness. 

It  being  an  anniversary  of  the  birth  of  Abraham  Lincoln,  Presi- 
dent of  the  United  States,  appropriate  addresses  were  made  by  Presi- 
dent Murray,  Messrs.  Caudill,  Williams  of  108,  Banks,  Asp,  Cobb,  Dear- 
ing,  Williams  of   3,  Mitch,  Rose  and  Pittman. 

Mr.  Haskell  moved  that  when  the  Convention  do  adjourn  for  recess 


2  22  JOURNAL  OF  CONSTITUTIONAL, 

it  adjourn  until  9:30  a.  m.,  Wednesday,  February  13,  in  respect  to  the 
memory  of  the  deceased  martyr  President,  Abraham  Lincoln. 

The  motion   prevailed. 

Mr.  Murray  presented,  by  request,  Petition  No.  3SG,  from  the 
negroes  of  Wanamaker,  Oklahoma,  Protesting  Against  Provision  for 
Separate  Coaches  and  Waiting  Rooms, — referred  to  the  Committee  on 
Railroads   and    Public   Service    Corporations. 

Mr.  Murray  presented,  by  request  of  Chas.  West,  of  Enid,  Okla- 
homa, Petition  No.  387,  relating  to  Provisions  lor  a  Business  Commis- 
sion and  Court, — referred  to  the  Committee  on  General  Provisions. 

Mr.  Harrison  of  45,  presented  Petition  No.  388,  relating  to  Judicial 
Apportionment, — referred   to   the   Committee  on   Judicial  Apportionment. 

Mr.  Messenger  presented  Petition  No.  389,  relating  to  "Jim  Crow"' 
provision, — referred  to  the  Committee  on  Railroads  and  Public  Service 
Corporations. 

Mr.  Messenger  presented  Petition  No.  390,  from  Wetumpka,  I.  T, 
relating  to  "Jim  Crow"  provisions, — referred  to  the  Committee  on  Rail- 
roads and   Public  Service   Corporations. 

Mr.  Graham,  Chairman  of  the  Committee  on  Homesteads  and 
Exemptions,  filed  Committee  Report  No.  37,  (re-committed),  and  on  his 
request  same  was  re-instated  to  a  place  on  the  Calendar  following  the 
last  General  Order,  for  consideration  of  which  a  call  had  been  made. 

The  Calendar  having  been  called,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  for  consideration  of  General  Orders,  with 
Mr.  Humphreys  in   the  chair. 

At  the  noon  hour  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Humphreys,  as  Chairman  of  the 
Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  44,  by  the 
Committee  on  County  and  Township  Organization,  and  recommend  that 
Sections  1  and  2  thereof  be  adopted,  ordered  engrossed  and  passed  to 
third  reading  and  final  passage  as  amended  in  Committee  of  the  Whole; 
that  Section  3  thereof  be  referred  to  the  Committee  on  Schedule,  and 
that  supplemental  report  by  said  committee  be  referred  to  the  Com- 
mittee on  Privileges  and  Elections,  and  upon  the  residue  of  the  mat- 
ter referi'ed   to  us,   we  have  made  progress  and   ask  leave  to   sit   again. 

W.    D.    HUMPHREYS,    Chairman. 

On  motion,  the  report  was  adopted. 

Mr.  Ledbetter,  Chairman  of  the  Committee  on  Judiciary  and  Judi- 
cial Department,  filed  report  and  recommendation  of  said  committee  and 
moved  its  adoption;    action  on  same  was  postponed. 


CONVENTION   OF   OKLAHOMA.  223 

Mr.    Hausam    introduced    Resolution    No.    83;    on    his    motion    same 
was   adopted  as   follows: 
Mr.   President  and   Gentlemen   of   the  Convention: 

I  move  you  that  when  we  adjourn  today,  we  adjourn  standing  with 
bowed  heads  in  honor  of  the  great  commoner  and  champion  of  human 
liberty,   Abraham  Lincoln. 

(Signed)      A.   L.   HAUSAM. 

Prayer  by  Delegate  Cloud,  of  23d  District. 

The  Convention  adjourned  until  9:30  a.  m.,  Wednesday,  February 
13,   1907. 

CONVENTION  CHAMBER. 

Morning   Session,   Wednesday,   February   13,    1907 — 9:30   A.   M. 

Convention  called  to  order;   President  Murray  in  the  chair. 

Invocation  by  Delegate  Williams  of  the   3d   District. 

Roll  called;    a   quorum  present. 

Absent:  Akers,  Allen,  Brewer,  Chambers,  Curl,  Edmondson,  Gard- 
ner, Fisher,  Frye,  Harned,  McClure,  Newell,  Norton,  Roberts,  Quarles, 
Safer  and  Sorrells. 

Messrs.  Akers,  Allen,  Chambers,  Curl,  Edmondson,  Gardner,  Prye, 
Hopkins,  Mathis,  Newell,  McClure  and  Safer  had  previously  been  ex- 
cused. 

Mr.  Roberts  was  excused  for  absence  of  Monday  and  Tuesday  of 
this  week  on  account  of  important  business. 

Mr.  King  asked  to  have  his  leave  of  absence  for  today,  granted  on 
yesterday,   changed   to   Thursday;    request  was   granted. 

Calendar  was  called,  and  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole  for  consideration  of  General  Orders,  with  Mr. 
Tucker   in   the   chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr.  Tucker,  as  Chairman  of  the  Com- 
mittee of  the  Whole,   reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  30,  by  the 
Committee  on  Public  Roads  and  Highways  and  Internal  Improvements, 
on  a  motion  to  reconsider  the  vote  to  recommend  the  adoption  of  said 
report,  that  same  was  reconsidered,  and  recommend  that  it  be  adopted  as 
amended  by  Committee  of  the  Whole;  that  we  have  had  under  consid- 
eration Committee  Report  No.  42,  by  the  Committee  on  State  and 
School  Lands  and  recommend  that  same  be  made  Special  Order  for 
consideration  in  Committee  of  the  Whole,  at  9:30  a.  m.,  Tuesday,  Feb- 
ruary 19,  1907;  that  we  have  had  under  consideration  Committee  Re- 
port No.  4  3,  by  the  Committee  on  Private  Corporation^,  and  that  thereon 


224  JOURNAL  OF  CONSTITUTIONAL 

as  well  as  upon  the  residue  of  the  matters  referred  to  us,  we  have  made 
progress   and   ask   leave   to   sit   again. 

G.  M.  TUCKER,  Chairman. 

On  motion,  the  report  was  adopted. 

On  motion,  the  Convention  took  recess  until   1:45   p.   m. 

CONVENTION  CHAMBER. 
Afternoon  Session,  Wednesday,  February  13,  1907 — 1:45  P.  M. 

Convention  called  to  order;   President  Murray  in  the  chair. 

Messrs.  Fisher  and  Rogers  were  excused  for  the  day  on  account  of 
sickness. 

President  Murray  presented,  by  I'equest  of  H.  G.  Kyle,  of  the  South 
McAlester  Daily  Capital,  Petition  No.  391,  being  a  petition  to  Prohibit 
the  Legislature  from  Granting  Special  Privileges  and  to  Provide  Against 
the  Evils  of  Lobbying, — referred  to  the  Committee  on  Legislative  De- 
partment. 

On  motion  of  Mr.  Bryant,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole  for  further  consideration  of  General  Orders,  with 
Mr.  Williams  of  3,   in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Wil- 
liams, as  Chairman  of  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  43,  by  the 
Committee  on  Private  Corporations,  and  recommend  that  Section  3 
thereof,  be  re-referred  to  the  Committee  on  Private  Corporations,  and 
upon  the  residue  of  the  report,  and  as  well  upon  other  matters  refer- 
red to  us,  we  have  made  progress  and  ask  leave  to  sit  again. 

E.  R.  WILLIAMS,   Chairman. 

On  motion,  the  report  was  adopted. 

Mr.  Williams  of  108,  Chairman  of  the  Committee  on  Railroads  and 
Public  Service  Corporations,  filed  Report  No.  4  6,  which  was  referred  to 
the  Committee  of  the  Whole  and  ordered  printed. 

The  Committee  on  Insurance  withdrew  Committee  Repoi't  No.  45 
for    correction. 

The  Convention  took  recess  until  9:30  a.  m.,  Thursday,  February 
14,    1907. 

CONVENTION  CHAMBER. 
Morning  Session,  Thursday,  February  14,  1907 — 9:30  A.  M. 

Convention  called  to  order;   President  Murray  in  the  chair. 
Invocation   hf  Delegate   Banks,   of    5  2nd    District. 


CONVENTION  OF  OKLAHOMA.  2  25 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Allen,  Brewer, 
Bryant,  Caudill,  Chambers,  Edmondson,  Fisher,  Frye,  Hopkins,  Houston, 
Humphrey,  McClure,  Mathis,  Messenger,  Newell,  Quarles,  Rogers  and 
Sater. 

Messrs.  Allen,  Chambers,  Edmondson,  Fisher,  Frye,  Gardner,  Hop- 
kins, Mathis,  Newell,  McClure,  Rogers  and  Sater  had  previously  been 
excused. 

Messrs.  Bryant  and  Caudill  were  excused  indefinitely  on  account  of 
important  business. 

Mr.  Norton  was  excused  for  absence  on  Monday,  Tuesday  and 
Wednesday  of  this  week. 

On  motion  of  Mr.  Williams  of  10  8,  the  Sergeant-at-Arms  was 
directed  to  have  printed  200  extra  copies  of  Committee  Report  No.  4i6, 
by   the   Committee   on   Railroads   and    Public   Service   Corporations. 

Mr.  Hayes  introduced  Constitutional  Proposition  No.  432,  being  a 
proposition  to  Prohibit  Perpetuities  and  Monopolies, — read,  read  a  sec- 
ond time  by  title  and  referred  to  the  Committee  on  Preamble  and  Bill 
of    Rights. 

The  Calendar  was  called  and  the  Convention  resolved  itself  into 
Committee  of  the  Whole  ior  consideration  of  General  Orders,  with  Mr. 
Kane  in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Kane,  as  Chairman  of  the  Commit- 
tee of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  4  3,  by  the 
Committee  on  Private  Corporations,  and  recommend  that  proposed  Sec- 
tion 11a,  by  Mr.  Buchanan,  be  referred  to  the  Committee  on  Judiciary 
and  Judicial  Department;  that  Section  6,  with  proposed  amendments 
thereto,  and  proposed  substitutes  therefor,  by  President  Murray,  and 
Section  2a,  2b,  2c,  be  referred  to  a  Special  Committee  composed  of 
Messrs.  Hendricks,  Graham,  King,  Williams  of  lOS,  Tracy,  Asp  and 
President  Murray,  for  consideration  and  report;  and  upon  the  residue 
of  the  matters  referred  to  us,  we  have  made  progress  and  ask  leave  to 
sit    again. 

A.   J.   KANE,   Chairman 

On   motion,   the  report  was  adopted. 

The  Convention  took   recess  until   2   p.   m. 

COWENTION  (HAMBEH. 
Afternoon  Session,  Thursday,  February  1-1,    1007 — 3  1*.  IM. 

Convention  called  to  order;   President  Murray  in  the  chair. 


2  26  JOURNAL  OF  CONSTITUTIONAL 

Mr.  Hayes,  for  the  Committee  on  Rules  and  Procedure,  filed  report 
and  on  motion  of  Mr.   Roberts,  same  was  adopted  as  follows: 

Mr.  President:  We,  your  Committee  on  Rules,  beg  leave  to  report 
that  the  terms  of  lease  on  the  various  rented  committee  rooms  expires 
on  this  day,  and  that  tomorrow  begins  the  dating  of  a  new  term  of 
rental    payment. 

We  further  find  that  the  number  of  committee  meetings  has  de- 
creased and  that  there  is  not  the  same  necessity  for  the  maintenance  of 
so   large  a   number   of    rooms   as   have   heretofore  been   maintained. 

In  consideration  of  the  foregoing  facts,  we  recommend  the  discon- 
tinuance of  the  use  of  Committee  Rooms  Nos.  5  and  6  in  the  Beadle 
Block,  No.  7  at  115  West  Oklahoma  Avenue,  and  also  of  Committee 
Rooms  Nos.   8  and  9. 

J.    M.    SANDLIN, 
S.    W.    HAYES, 
HENRY   S.   JOHNSTON. 

Mr.  Tucker  introduced  Constitutional  Proposition  No.  433,  being  a 
Proposition  to  Forever  Prohibit  Certain  Insurance  Companies  from 
Transacting  an  Insurance  Business  in  the  State  of  Oklahoma, — read  by 
title,  and  referred  to  the  Committee  on  Insurance. 

Guy  Brisendine  was  appointed  Page,  vice  Harold  Hayes,  resigned. 
Appointment   was   confirmed   and    he   entered    upon    his    duties. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  further  consideration  of  General  Orders,  witl'i  Mr.  Mitch  in 
the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Mitch, 
as  Chairman  of  the  Committee  of  the   Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  37,  (re- 
committed) by  the  Committee  on  Homesteads  and  Exemptions,  and 
recommend  that  Section  1  and  2  thereof  be  adopted  as  amended  in 
Committee  of  the  Whole,  and  upon  the  residue  of  said  report  as  well  aS 
upon  other  matters  referred  to  us,  we  have  made  progress  and  ask 
leave   to   sit   again. 

JOHN  L.   MITCH,  Chairman. 

On    motion    of    Mr.    Weaver,    the    report    was    adopted. 

Mr.  McClain,  Chairman  of  the  Committee  on  Insurance,  filed  Report 
No.  45,  (re-committed),  which  was  read,  referred  to  the  Committee  of 
the  Whole,  and  ordered  printed. 

The  Convention  took  recess  until  9:30  a.  m.,  Friday,  February  15. 
1907. 


CONVENTION   OF   OKLAHOMA.  227 

CONVENTION  (H AMBER. 
iMoining  Session,   Friday,   February   15,    1007 — »::iO   A.   M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

Invocation   by   Delegate   Cloud,   of   23rd   District. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Allen,  Bowers, 
Bryant,  Caudill,  Dalton,  Edmondson,  Fisher,  Frye,  Gardner,  Herring, 
Hopkins,  Hughes,  Humphrey.  McClure,  Mathis,  Mitch,  Newell,  Parker, 
Quarles,    Rogers,    Sater   and   Williams   of   97. 

Messrs.  Herring,  Cobb,  Dalton,  Parker  and  Williams  of  97,  were 
excused  indefinitely  on  account  of  sickness. 

Messrs.  Humphrey  and  Mitch  were  excused  for  absence  of  today 
and  indefinitely  on  account  of  sickness.  Mr.  Hayes  was  excused  from 
attending  sessions  of  Saturday,  February  16th,  on  account  of  sickness  in 
his    family. 

On  motion  of  IMr.  Hayes,  consideration  of  Committee  Report  No. 
35,  by  the  Committee  on  Railroads  and  Public  Service  Corporations,  and 
relating  to  Provisions  for  Separate  Coaches,  was  deferred  indefinitely 
and  two  days'  notice  required  to  be  given  before  same  should  be  called 
up  for  consideration   in  Committee  of  the  Whole. 

The  Calendar  was  called  and  the  Convention  resolved  itself  into 
Committee  of  the  Whole  for  consideration  of  General  Orders,  with  Mr. 
Liedtke    in    the    chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  Second  Vice- 
President  Ellis  took  the  chair,  and  Mr.  Liedtke,  as  Chairman  of  the 
Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  37,  (re- 
committed), and  that  thereon,  as  well  as  upon  the  residue  of  the  mat- 
ters referred  to  us,  we  have  made  progress  and  ask  leave  to  sit  again. 

W.   C.   LIEDTKE,   Chairman. 

On  motion,   the  report  was  adopted. 

Mr.  Williams  of  108,  gave  notice  that  he  would,  in  due  time,  move 
that  Committee  Report  No.  35,  by  the  Committee  on  Railroads  and 
Public  Service  Corporations,  be  made  a  Special  Order  of  the  Calendar 
for  9:30  a.  m.,  Friday,  February  2  2,   190  7. 

Mr.  Leahy  gave  notice  that  he  would,  in  due  time,  move  that  Com- 
mittee Report  No.  35,  be  made  a  Special  Order  of  the  Calendar  for 
Wednesday    Morning,    February     20,1907. 

Mr.  Tosh,  Chairman  of  the  Committee  on  Legislative  Department, 
filed  Report  No.  47,  which  was  read,  referred  to  the  Committee  of  the 
Whole,  and  o'rdered  printed. 


,228  JOURNAL  OF  CONSTITUTIONAL 

Mr.  King,  Chairman  of  the  Committee  on  Revenue  and  Taxation, 
filed  Committee  Report  No.  4  8,  which  was  read,  referred  to  the  Com- 
mittee of  the  Whole,   and  ordered  printed. 

Mr.  Graham,  Chairman  of  the  Committee  on  Private  Corporations, 
filed  Committee  Report  No.  43,  (supplemental),  which  was  read,  refer- 
red to  the  Committee  of  the  Whole,  and  ordered  printed. 

On  motion,  the  Convention  took  recess  until   1:30  p.  m. 

CONA^NTION  CHA3IBER. 
Afternoon  Session,  Friday,  February  15,   1907 — 1:30  P.  M. 

Convention  called  to  order;  Second  Vice-President  Ellis  in  the 
chair. 

On  motion  of  Mr.  Chambers,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  further  consideration  of  General  Orders, 
with  Mr.  Liedtke  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose,  Vice-President  Ellis  resumed  the  chair,  and  Mr. 
Liedtke,  as  Chairman  of  the  Committee  of  the  Whole,  reported  as  fol- 
lows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  37,  (re- 
committed), by  the  Committee  on  Homesteads  and  Exemptions,  and  that 
thereon,  as  well  as  upon  the  residue  of  the  matters  referred  to  us,  we 
have  made  progress   and   ask   leave  to  sit  again. 

W.    C.    LIEDTKE,    Chairman. 
On  motion,  the  report  was  adopted. 

Mr.  Haskell  introduced  Resolution  No.  85  and  moved  its  adoption. 
The  motion  was  duly  seconded. 

Mr.  Kane  introduced  a  substitute  for  Resolution  No.  84,  and  moved 
its  adoption;    motion  was  lost. 

The  vote  recurring  on  the  motion   to   adopt  said   resolution  by   Mr. 
Haskell,  and  a  roll  call  being  demanded,  resulted  as  follows: 
Ayes:      Forty-four. 

Akers,  Asp,  Banks,  Berry,  Board,  Brewer,  Carney,  Carr,  Chambers, 
Hopkins,  Covey,  Bearing,  Ellis,  Graham,  Harrison  of  45,  Harrison  of 
88,  Haskell,  Hayes,  Hendricks,  Henshaw,  James,  King,  Lasater,  Leahy, 
Leeper,  Ledbetter,  Littlejohn,  Majors,  Maxey,  Messenger,  Nelson,  Pitt- 
man,  Rice,  Roberts,  Rose,  Sandlin,  Swarts,  Turner,  Williams  of  3,  Wil- 
liams of  108,  Wills,  Wood  of  S,  Wood  of  89,  and  Wyly. 
Nays:      Thirty-nine. 

Alderson,  Baker,  Bilby,  Buchanan,  Cloud,  Copeland,  Curl,  Edley, 
Harris,   Hausam,   Helton,   Hill,    Hogg,    Houston,   Hudson,   Hunt,    Jenkins, 


CONVENTION    OF    OKLAHOMA.  2  2» 

Johnston,  Jones,  Kane,  Kelly,  Kornegay,  Langley,  Latimer,  Liedtke, 
Littlejolin,  McCance,  McClain,  Moore,  Norton,  Ramsey,  Savage,  Sor- 
rells,  Stowe,  Tosh.  Tenor,  Tucker,  Weaver  and  Wyatt. 

President  Murray  present  and  not  voting. 

Absent,   2  8. 

Allen,  Bowers,  Bryant,  Caudill,  Dalton,  Edmondson,  Fisher,  Frye, 
Gardner,  Hanraty,  Herring,  Harned,  Hopkins,  Hughes,  Humphrey,  Lee, 
McClure,  Mathis,  Mitch,  Newell,  Parker,  Quarles,  Rogers,  Sater,  Tracy, 
Williams  of  97. 

The  President  declared  the  motion  carried,  adopting  resolution  as 
follows: 

RESOLUTION    NO.    84. 

I  move  that  Delegates  Leahy,  Hayes,  King,  Kane,  Asp  and  Ledbet- 
ter  be  appointed  as  a  committee  and  instructed  to  investigate  the  pro- 
posed suit  for  injunction  against  this  Convention,  and  report  its  findings 
to  this  Convention. 

(Signed)      C.   N.    HASKELL. 

On  motion  of  Mr.  Roberts,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  for  further  consideration  of  General  Orders,  with 
Mr.  Liedtke  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose.  Second  Vice-President  Ellis  resumed  the  chair,  and 
Mr.  Liedtke,  as  Chairman  of  the  Committee  of  the  Whole,  reported  as 
follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  37,  by  the 
Committee  on  Homesteads  and  Exemptions,  and  recommend  that  same 
be  adopted,  ordered  engrossed,  and  passed  to  third  reading  and  final 
passage,  as  amended  in  Committee  of  the  Whole;  that  we  have  had 
under  consideration  Committee  Report  No.  4  6,  by  the  Committee  on 
Railroads  and  Public  Service  Corporations,  and  that  we  have  made 
progress  thereon,  as  well  as  upon  the  other  matters  referred  to  us,  and 
ask  leave  to  sit  again. 

On  motion,  the  report  was  adopted. 

Mr.  Langley  introduced  Resolution  No.  8  6,  proposing  Amendments 
to  the  Rules,  which  was  read  and  referred  to  the  Comm'tf-ee  on  Rules 
and    Procedure. 

On  motion  of  Mr.  Weaver,  the  Convention  took  recess  until  9:30 
a.  m.,  Saturday,  February  16,  1907. 


230  JOURNAL  OP  CONSTITUTIONAL 

CONVENTION  CHA3IBER. 
iMorning  Session,  Saturday,  February  16,   1907 — 9:30  A.  M. 

Convention  called  to  order;  Second  Vice-President  Ellis  in  the 
chair. 

Invocation  by  Delegate  Williams,  of  the  3rd  District. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Allen,  Bowers, 
Bryant,  Buchanan,  Caudill,  Cobb,  Dalton,  Edmondson,  Fisher,  Frye. 
Gardner,  Hanraty,  Herring,  Hayes,  Hopkins,  Hughes,  Humphreys,  Kane, 
Mathis,  Mitch,  Newell,  Parker,  Rice,  Rogers,  Sater,  Wyly  and  Murray. 

Messrs.  Allen,  Caudill,  Bryant,  Edmondson,  Fisher,  Frye,  Gardnet", 
Hopkins,  Mathis,  Newell,  Mitch,  McClure,  Rogers,  Sater,  Herring,  Cobb. 
Dalton,  Parker,  Williams  of  97,  Hayes  and  Humphrey  had  been  pre- 
viously excused. 

Messrs.    Rice   and   Kane   were   excused   on    account   of   sickness. 

Mr.  Haskell  presented,  in  the  name  of  the  Southwestern  Historical 
SocietJ^  a  large  group  picture  of  the  Delegates  to  the  Constitutional 
Convention,  to  be  hung  on  the  wall  of  the  Convention. 

Calendar  called,  and  on  motion  of  Mr.  Swarts,  the  Convention  re- 
solved itself  into  Committee  of  the  Whole  for  consideration  of  General 
Orders,  with  Mr.  Helton  in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  Second  Vice- 
President  Ellis  resumed  the  chair,  and  Mr.  Helton,  as  Chairman  of  the 
Committee   of  the   Whole,    reported   as   follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  leave  to 
report  that  we  have  had  under  consideration  Committee  Report  No.  4  0, 
by  the  Committee  on  Railroads  and  Public  Service  Corporations,  and 
that  thereon  we  have  made  progress  and  ask  leave  to  sit  again. 

W.    L.    HELTON,    Chairman. 

On  motion  of  Mr.   Chambers,   the  report  was  adopted. 

Mr.  McClain  requested  that  he  be  excused  for  Monday  and  Tuesday 
of  next  week,  and  that  consideration  of  Committee  Report  No.  45  be 
deferred  until  Wednesday,  both  of  which  requests  were  granted. 

On  motion,  the  Convention  took  recess  until  1:30  p.  m. 

CONVENTION  CHAMBER. 
Afternoon  Session,   Saturday,  February    16,    1907 — 1:30   P.   M. 

Convention  called  to  order;  Second  Vice-President  Ellis  in  the 
chair. 

On  motion  of  Mr.  Haskell,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole  for  further  consideration  of  General  Orders,  witu 
Mr.  Henshaw  in  the  chair. 

After   consideration   of   the    matters   referred    to    it,    the    Committee 


CONVENTION   OF   OKLAHOMA.  231 

of  the  Whole  rose,  Vice-President  Mr.  Ellis  resumed  the  chair,  and  Mr. 
Ilenshaw,  as  Chairman  of  the  Committee  of  the  Whole,  reported  as 
follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  46,  by  the 
Committee  on  Railroads  and  Public  Service  Corporations,  and  have 
adopted  Sections  1  to  6,  inclusive,  and  have  Section  7  under  consider- 
ation, and  have  made  progress  and  ask  leave  to  sit  again. 

G.    A.    HENSHAW,    Chairman. 

Mr.  Williams  of  108,  was  excused  for  Monday,  Tuesday,  Wednesday 
and    Thursday   of   next   week,    on   account   of   legal    business. 

On  motion  of  Mr.  King,  the  Convention  took  recess  for  ten  min- 
utes   to    be    at    ease. 

On  motion  of  Mr.  Chambers,  the  Convention  took  recess  until  9:30 
a.  m.,  Monday,  February   18,   1907. 

CONVENTION  (  HAMBER. 
Morning  Session,  Monday,   February   18,   1907 — 9:;^0  A.   M. 

Convention   called   to   order;    President   Murray   in    the   chair. 

Invocation  by   Reverend    Disch,   of   Guthrie. 

Roll    called;    a   quorum    present. 

Absent:  Messrs.  Allen,  Bowers,  Brewer,  Caudill,  Cloud,  Cobb, 
Copeland,  Dalton,  Edmondson,  Fisher,  Frye,  Gardner,  Hanraty,  Harned, 
Harrison  of  45,  Helton,  Herring,  Hill,  Hopkins,  Humphrey,  Kane,  Kelly, 
Latimer,  Leahy,  McClain,  McClure,  Mathis,  Moore,  Nelson,  Newell,  Nor- 
ton, Parker,  Rice,  Rogers,  Sandlin,  Safer,  Williams  of  9  7,  Wood  of  S, 
and  Wyly. 

Messrs.  Allen,  Caudill,  Bryant,  Edmondson,  Fisher,  Frye,  Gardner, 
Hopkins,  Mathis,  Newell,  McClure,  Rogers,  Safer,  Herring,  Cobb,  Dalton, 
Parker,  Williams  of  9  7,  Humphrey,  Rice  and  Kane  had  been  previously 
excused. 

Mr.  Hopkins'  leave  of  absence  was  extended.  Messrs.  Copeland  and 
Moore  were  excused  on  account  of  sickness.  Mr.  Rogers'  leave  of 
absence  was  extended.  Mr.  Quarles  was  excused  for  absence  from  pre- 
vious sessions.  Mr.  Hill  was  excused  on  account  of  business,  with  the 
understanding  that  if  needed  he  would   return   when  telegraphed   for. 

The  Calendar  was  called,  and  on  motion  of  Mr.  Jenkins,  the  Con- 
vention resolved  itself  into  Committee  of  the  Whole  for  consideration  of 
General  Orders,  with  Mr.  Henshaw  in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Henshaw,  as  Chairman  of  the  Com- 
mittee of  the  Whole,   reported  as  follows: 

Mr.   President:      We,   your  Committee  of  the  Whole   Convention,   to 


232  JOURNAL  OF  CONSTITUTIONAL, 

whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  46,  by  the 
Committee  on  Railroads  and  Public  Service  Corporations,  and  that 
thereof  we  have  adopted  Sections  7,  8,  9,  10,  11,  12,  13;  deferred  action 
on  Section  14;  adopted  Sections  15,  17,  18  and  18a,  and  that  we  have 
made  progress  and  ask  leave  to   sit  again. 

G.  A.  HENSHAW,  Chairman. 

On  motion  of  Mr.  Akers,  the  report  of  the  Committee  was  adopted. 

On  motion  of  Mr.  Haskell,  the  Convention  took  recess  until  2  p.  m. 

CON\^NTION  CHAMBER. 
Afternoon  Session,  Monday,  February   18,    1907 — 2   P.   M. 

Convention   called   to   order;    President   Murray   in   the   chair. 

Roll  called;    a   quorum  present. 

On  motion  of  Mr.  Haskell,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole  for  consideration  of  General  Orders,  with  Mr.  Hen- 
shaw   in    the    chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Hen- 
shaw,  as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  46,  by  the 
Committee  on  Railroads  and  Public  Service  Corporations,  and  have 
adopted  Sections  19,  20,  21,  22,  23,  24,  25,  26,  27,  28,  29,  30,  32;  con- 
sidered Sections  31a,  31c  and  3  2a,  and  referred  same  to  the  Committee 
on  Railroads  and  Public  Service  Corporations;  further  report  that  we 
reconsider  the  consideration  of  Sections  7  to  33,  inclusive,  and  that 
Committee  Report  No.  46  be  taken  from  the  Calendar  until  the  return 
of  Mr.  Williams,  the  Chairman  of  said  Committee. 

G.    A.    HENSHAW,    Chairman. 

On  motion  of  Mr.  Chambers,  the  report  of  the  Committee  of  the 
Whole  Convention  was  adopted. 

Mr.  Latimer  was  excused  for  an  indefinite  period  on  account  of 
sickness. 

On  motion  of  "Mr.  Chambers,  the  Convention  took  recess  until 
Tuesday,   February   19,    1907,    9:30   a.   m. 

CON\TENTION  CHAJIBER. 
Morning  Session,  Tuesday,  February  19,  1907 — 9:30  A.  M. 

Convention  called   to  order;    President  Murray  in   the  chair. 

Invocation  by  Reverend  J.  Disch. 

Roll    called;    a    quorum    present.      Absent:    ]\Iessrs.    Bryant,    Caudill, 


CONVENTION   OF   OKLAHOMA.  233 

Cloud,  Copeland,  Dalton,  Frye,  Gardner,  Harned,  Helton,  Hill,  Hop- 
kins, Humphrey,  Kelly,  Latimer,  McClure,  Mathis,  Nelson,  Newell,  Rice, 
Roberts,  Rogers,  Williams  of  97,  Williams  of  108,  and  Wyly. 

Mr.  Graham  moved  that  Committee  Report  No.  35  be  placed  on 
the  Calendar  for  Thursday. 

The  Special  Committee  appointed  to  investigate  the  suit  alleged  to 
have  been  instituted  in  the  Supreme  Court  of  Oklahoma,  made  '.he  fol- 
lowing report: 

REl'ORT  OF  SPECIAL  COMMITTEE. 

Mr.  President:  We,  the  Special  Committee  appointed  to  investigate 
the  suit  alleged  to  have  been  instituted  in  the  Supreme  Court  of  Okla- 
homa to  restrain  the  action  of  the  Convention  in  certain  matters,  beg 
leave  to  report  that  our  investigation  discloses  the  fact  that  the  Board 
of  County  Commissioners  of  Greer  County,  Oklahoma  Territory,  on  the 
relation  of  Chas.  M.  Thacker,  County  Attorney  of  said  County,  has  filed 
in  the  Supreme  Court  of  the  Territory  of  Oklahoma,  a  petition  to  enjoin 
the  Convention  and  the  members  thereof  from  dividing  Greer  County 
and   changing   the  boundaries   thereof. 

We  have  examined  a  copy  of  the  petition  and  it  is  our  opinion  that 
the  Supreme  Court  of  Oklahoma  is  without  jurisdiction  in  the  premises. 
We  recommend  that  the  Convention  appoint  a  committee  to  take  such 
further  action  with  reference  to  the  suit  as  the  Convention  deems  proper 
to    be   taken. 

Respectfiilly  submitted, 

T.   J.   LEAHY, 
J.    F.   KING, 
S.  W.  HAYES, 
HENRY   E.    ASP, 
W.  A.  LEDBETTER, 
M.    J.    KANE. 
Mr.  Haskell  moved  that  the  same  committee  making  said  report  be 
continued.      Mr.    Asp    moved    that    in    the   adoption    or    rejection    of    this 
motion  that  the  ayes  and  nays  be  called.     The  resolution  provoking  dis- 
cussion, went  over  under  the  rules  until  Wednesday. 

On  motion  of  Mr.  Weaver,  the  Convention  resolved  itself  into 
Committee  of  the  Whole  for  the  consideration  of  General  Orders,  with 
Mr.    Henshaw   in   the   chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Henshaw,  as  Chairman  of  the  Com- 
mittee of  the  Whole,    reported   as   follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,   beg  to  report 


234  JOURNAL  OF  CONSTITUTIONAL 

that   we   have   had   under   consideratioD    Committee   Report    No.    4  2,    and 
that  thereon  we  have  made  progress  and  ask  leave  to  sit  again. 

G.    A.    HENSHAW,    Chairman. 

On  motion  of  Mr.    Chambers,   the  report  was  adopted. 

Mr.  Cobb  was  excused  from  absence  on  Monday,  February  ISth. 

On  motion  of  Mr.  Ellis,  the  Convention  tool^  recess  until  2.  p.  m. 

CONVEXTIOX  CHAMBER. 
Afternoon   Session,   Tuesday,   February    19,    1907 — 2  P.   M. 

Convention   called   to   order;    President   Murray  in   the  chair. 

On  motion  of  Mr.  Tracy,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  for  further  consideration  of  General  Orders,  with 
Mr.  Henshaw  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Hen- 
shaw, as  Chairman  of  the  Committee  of  the  Whole,  reported  as  fol- 
lows : 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  4  2,  and 
that  thereon  we  have  made  progress  and  ask  leave  to   sit  again. 

G.    A.    HENSHAW,    Chairman. 

On   motion   of   Mr.    Chambers,    the   report   was    adopted. 

On  motion  of  Mr.  Ellis,  the  Convention  took  recess  until  9:30  a.  m., 
Wednesday,    February    2  0th. 

CONA^NTION  CHAMBER. 
Morning  Session,   Wednesday,   February   20,    1907 — 9:30   A.   M. 

Convention   called   to   order;    President   Murray   in   the   chair. 

Invocation   by    Delegate   Stowe,   of    9qth    District. 

Roll   called;    a   quorum   present. 

Absent:  Messrs.  Bryant,  Caudlll,  Cloud,  Copeland,  Dalton,  Frye, 
Gardner,  Harned,  Hill,  Hopkins,  Latimer,  Mathis,  Messenger,  McClure, 
Rice,  Rogers,  Sater  and  Williams  of  97. 

Messrs.   Helton   and   Roberts  were  excused  for  absence  on   Tuesday. 

Mr.  Cloud  was  excused  for  the  day  on  account  of  sickness. 

Mr.  Haskell  called  up  report  of  the  Special  Committee  to  investi- 
gate injunction  suit  filed  against  the  Convention.  The  report  was 
adopted. 

As  a  substitute  for  the  motion  pending  from  session  of  yesterday,  l^y 
Mr.  Haskell,  providing  that  the  same  committee  appointed  to  investigate  the 
status  of  the  injunction  suit,  should  represent  the  Convention  before  the 
Supreme  Court  of  the  Territory  of  Oklahoma,  Mr.  Johnston  moved 
that  the  same  committee  heretofore  appointed  by  the  Convention  to  look 


CONVENTION    OF    OKLAHOMA.  230 

into  the  case  pending  in  the  Supreme  Court,  be  instructed  to  make  such 
appearance  and  such  defense  on  the  part  of  the  Convention  and  each 
member  thereof,  to  appear  only  on  the  question  of  jurisdiction  as  said 
committee  may  deem  necessary  and  proper  in  said  case. 

On   motion   of   Mr.   Johnston,    the   substitute  was   adopted. 

On  motion  of  Mr.  Hayes,  it  was  ordered  by  the  Convention  that 
no  fee  shall  be  paid  to  any  mem))er  of  the  Convention,  or  other  person, 
for  services  as  attorneys  for  the  Convention  in  the  pending  injunction 
suit. 

Mr.  Hausam,  on  behalf  of  the  Logan  County  High  School,  tendered 
the  Convention  an  invitation  to  attend  and  participate  in  Memorial 
Services  at  the  High  School  Building  on  Friday,  February  2  2nd,  and 
moved   the  acceptance   of   the   invitation. 

Mr.  Henshaw  moved  to  lay  the  motion  on  the  table.  The  motion 
was  lost. 

Mr.  Hayes  moved  as  a  substitute  that  a  vote  of  thanks  be  ten- 
dered Logan  County  High  School,  that  the  Convention  as  a  body  do  not 
accept  the  invitation,  on  account  of  the  great  amount  of  work  yet  to  be 
done,  and  that  individual  members  be  excused  from  sessions  on  that 
day  to  attend  if  they   so  desire.     Motion  prevailed^ 

Calendar  was  called  and  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  with  Mr.  Henshaw  in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Henshaw,  as  Chairman  of  the  Com- 
mittee of  the  Whole,   reported  as   follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  and  Special  Orders  of  the  Calendar,  beg 
to  report  that  we  have  had  under  consideration  Committee  Report  No.  4  2, 
by  the  Committee  on  State  and  School  Lands,  and  that  thereon,  as  well 
as  upon  the  residue  of  the  matters  referred  to  us,  we  have  made 
progress   and  ask   leave   to   sit  again. 

G.    A.    HENSHAW,    Chairman. 

On    motion,    the    report    was    adopted. 

Mr.  Hughes  presented  Petition  No.  3  9  2,  being  a  Petition  for  Juve- 
nile Courts,  from  Daughters  of  the  American  Revolution, — referred  to 
the  Committee  on  Judiciary  and  Judicial  Department. 

Mr.  Chambers  moved  that  on  and  after  three  o'clock  this  day,  no 
debate  in  Committee  of  the  Whole  shall  be  allowed  on  Committee 
Report  No.  42,  State  and  School  Lands,  except  on  new  amendment,  and 
then  only  one  in   favor  and  one  against,  of  five  minutes  each. 

On  motion  of   Mr.  Haskell,   the  motion  was  tabled. 

The   Convention   took   recess   until    2   p.   m. 


236  JOURNAL  OF  CONSTITUTIONAL 

co^^^]^TION  cha:mber. 

Afternoon  Session,   Wednesday,  February  20,    1907 — 2  P.   M. 

Convention  called   to   order;    President   IMurray   in   the   chair. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  with  Mr.   Henshaw  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Hen- 
shaw, as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  Special  and  General  Orders  of  the  Calendar,  beg  tb 
report  that  we  have  had  under  consideration  Committee  Report  No.  4  2,  by 
the  Committee  on  State  and  School  Lands,  and  recommend  that  the  minor- 
ity report  thereof,  together  with  Sections  1,  2,  and  3,  and  a  portion  of 
Section  5,  be  adopted  as  amended  in  Committee  of  the  Whole;  and  that 
certain  proposed  amendments  to  other  portions  of  the  majority  report 
be  referred  to  the  Committee  on  State  and  School  Lands,  with  instruc- 
tions to  consider  and  report  back;  and  upon  the  residue  of  said  report, 
as  well  as  upon  other  matters  referred  to  us,  we  have  made  progress 
and   ask   leave  to   sit  again. 

GEO.  A.  HENSHAW,   Chairman. 

On  motion  of  Mr.  Savage,   the  report  was  adopted. 

On  motion  of  Mr.  Hayes,  the  report  of  the  Committee  on  Revision, 
Compilation,  Style  and  Arrangement,  upon  all  Committee  Reports 
adopted  to  date,  except  the  report  of  the  Committee  on  Counties  and 
County  Boundaries,   was  ordered  printed. 

On  motion,  the  Convention  adjourned  until  9:30  a.  m.,  February 
21,     1907. 

con\t^:ntion  chamber. 

Morning  Session,  Thursday,  February  21,  1907 — 9:30  A.  M. 

Convention   called   to   order;    President   Murray   in   the  chair. 

Invocation  by  Delegate  Williams,  of  3rd  District. 

Absent:  Caudill,  Cloud,  Copeland,  Harned,  Hill,  Hopkins,  Latimer, 
McClure,    Mathis,    Rice,    Rogers,    Rose   and   Wyly. 

Messrs.  Caudill,  Cloud,  Harned,  Hopkins,  Latimer,  Mathis,  Rice  and 
Rogers   had  been    previously    excused. 

Messrs.  Curl,  Hogg  and  Mitch  were  excused  until  Monday,  Febru- 
ary   25th,    1907. 

President  JVIurray  presented  Petition  No.  393,  relating  to  Reclama- 
tion of  Overflow  Lands, — referred  to  Committee  on  Public  Roads  and 
Highways   and    Internal    Improvements. 

Calendar  was  called  and  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  with  Mr.  Leahy  in  the  chair. 


CONVENTION    OF   OKLAHOMA.  237 

At  the  noon  hour,  the  Committee  of  the  .Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Leahy,  as  Chairman  of  the  Com- 
mittee   of   the   Whole,    reported    as    follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  16,  by 
the  Committee  on  Counties  and  County  Boundaries,  and  recommend  that 
same  be  made  a  Special  Order  for  Saturday  morning,  February  23rd, 
1907;  that  we  have  had  under  consideration  Committee  Report  No.  5, 
being  Constitutional  Proposition  No.  4  4,  by  Mr.  Johnston, — A  Proposi- 
tion to  Embody  the  Initiative  and  Referendum  in  the  Constitution  of 
the  State  of  Oklahoma  as  an  Integral  Part  Thereof, — and  recommend 
that  said  report  be  adopted,  ordered  engrossed  and  passed  to  third 
reading  and  final  passage  as  amended  in  Committee  of  the  Whole;  that 
we  have  had  under  consideration  Committee  Report  No.  35,  by  the 
Committee  on  Railroads  and  Public  Service  Corporations,  being  a  Prop- 
osition for  Separate  Coaches,  and  that  thereon,  as  well  as  upon  the 
residue  of  the  matters  referred  to  us,  we  have  made  progress  and  ask 
leave  to  sit  again. 

T.    J.    LEAHY,    Chairman. 

Mr.  Johnston  offered  minority  report  of  the  Committee  of  the 
Whole,  with  reference  to  Committee  Report  No.  5,  which  on  motion  of 
Mr.   Lee,   was  laid  on  the  table. 

On    motion,    the    majority    report    was    adopted. 

On  motion  of  Mr.  Haskell,  the  Convention  took  recess  until  1:30 
p.    ra. 

C()N\Ti]NTION  CHAMBEIl. 

Afteruoou  Session,  Thursday,   Febiiiaiy  31,    1907 — 1:30  P.   M. 

Convention   called   to  order;    President   Murray   in   the   chair. 

On  motion  of  Mr.  Williams  of  3,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  further  consideration  of  the  General 
Orders  of  the  Calendar,   with  Mr.   Leahy  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Leahy, 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  35,  by 
the  Committee  on  Railroads  and  Public  Service  Corporations,  and  rec- 
ommend that  same  be  referred  to  a  Special  Committee  of  nine  mem- 
bers, all  of  whom  shall  be  attorneys,  to  be  appointed  by  the  President 
of  this  Convention,  and  we  further  recommend  that  said  report  be 
made  a  Special  Order  for  Wednesday  morning,  February  27th;    that  we 


238  JOURNAL  OP  CONSTITUTIONAL 

have  had  under  consideration  Committee  Report  No.  43,  first  and  sec- 
ond supplementals,  by  the  Committee  on  Private  Corporations,  and  that 
thereon,  as  well  as  upon  the  residue  of  the  matters  referred  to  us,  we 
have   made   progress   and   ask   leave   to   sit   again. 

T.    J.    LEAHY.   Chairman. 

On    motion,    the    report    was    adopted. 

On  motion  of  Mr.  Haskell,  the  Convention  took  recess  until  9:30 
a.   ni.,   Friday,   February   22nd,   1907. 

CONVENTION  CH.13IBER. 
Morning   Session,   Friday,   February  22,    1907 — 9:30  A.   M. 

Convention   called    to   order;    President  Murray   in   the   chair. 

Invocation   by   Chaplain. 

Roll  called;    a  quorum  present. 

Absent:  Cloud,  Copeland,  Curl,  Frye,  Hill,  Hopkins,  Johnston, 
liatimer,  McClure,  Mathis,  Maxey,  Mitch,  Rice,  Rogers,  Rose,  Safer, 
Stowe  and  Wyly. 

Messrs.  Cloud,  Curl,  Harned,  Hogg,  Hopkins,  Latimer,  Mathis,  Mitch, 
Rice   and   Rogers   had   previously   been    excused. 

Mr.  Edmondson  was  excused  from  attending  session  of  Saturday, 
February    23rd,   on  account   of   business. 

Mr.  Graham  was  excused  indefinitely  on  account  of  business,  with 
the  understanding  that  he  would  return  when  notified,  if  needed. 

The  President  appointed  as  the  Special  Committee  to  consider  and 
report  upon  the  advisability  of  inserting  in  the  Constitution  provisions 
for  Separate  Coaches,  the  following:  Messrs.  Henshaw,  Rose,  Kane, 
Johnston,   Jones,   Moore,   Nelson,   Langley   and  Swarts. 

Mr.  Chambers  presented  Petition  No.  394,  relating  to  Private  Cor- 
porations,— referred   to   the    Committee    on    Private    Corporations. 

Mr.  Haskell  presented  Petition  No.  395,  by  request,  relating  to 
Local  Option, — referred, to  the  Committee  on  Liquor  Traffic. 

President  Murray  introduced,  by  request  of  the  Architects'  Asso- 
ciation of  Oklahoma,  Constitutional  Proposition  No.  434,  being  a  prop- 
osition for  the  Regulation  of  Architecture, — read  by  title  and  referred 
to  the  Committee  on  General  Provisions. 

Mr.  Caudill  introduced  Constitutional  Proposition  No.  435,  relating 
to  Members  of  the  Legislature  and  Their  Duties  to  the  State, — read  by 
title  and   referred  to   the   Committee  on   Legislative   Department. 

The  Calendar  was  called  and  the  Convention  resolved  itself  into 
Committee  of  the  Whole  for  consideration  of  General  Orders,  with  Mr. 
Nelson    in    the    chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr.  Nelson,  as  Chairman  of  the  Com- 
mittee of   the   Whole,    reported   as    follows: 


CONVENTION   OF   OKLAHOMA.  239 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  oi  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  43,  to- 
gether with  first  and  second  supplemental  reports,  by  the  Committee  on 
Private  Corporations,  and  respectfully  recommend  that  Sections  2-a  and 
2-b,  with  proposed  amendments  thereto  and  substitutes  therefor,  be 
referred  to  the  Committee  on  Judiciary  and  Judicial  Department,  and 
upon  the  residue  of  said  report,  as  well  as  upon  other  matters  referred 
to  us,  we  have  made  progress  and  ask  leave  to  sit  again. 

FLOWERS    NELSON,    Chairman. 

On    motion   of    Mr.    Brewer,    the    report    was    adopted. 
The  Convention  took  recess  until   2  p.   m. 

CONVENTION  CHAMBER. 
Afternoon    Session,    Friday,    February   22,    1J)07 — 2    I*.    >I. 

The  Convention  was  called  to  order;   I'resident  Murray  in  the  chair. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  with  Mr.  Henshaw  in  the  chair,  for  further  consideration  of 
General    Orders. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Henshaw, 
as  Chairman  of  the  Committee  of  the  Whole,   reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  ^f  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  43,  to- 
gether with  first  and  second  supplemental  reports,  by  the  Committee  on 
Private  Corporations,  and  that  thereon,  as  well  as  upon  the  residue 
of  the  matters  referred  to  us,  we  have  made  progress  and  ask  leave  to 

sit  again. 

GEO.  A.  HENSHAW,   Chairman. 

On  motion  of  Mr.  Jones,  the  report  was  adopted. 

On  motion  of  Mr.  Leahy,  Committee  Report  No.  15,  by  the  Com- 
mittee appointed  by  the  President  to  consider  and  report  upon  the 
advisability  of  inserting  into  the  Constitution  provisions  for  Separate 
Coaches. 

Mr.  Hendricks,  Chairman  of  the  Special  Committee  on  State  and 
School  Land\  filed  Report  No.  50,  which  was  read,  referred  to  the 
Committee  of  the  Whole,  and  on  motion  of  Mr.  Tracy,  was  ordered 
printed. 

At  3  p.  m.,  in  memory  of  George  Washington,  on  motion  of  Mr. 
Sorrells,  the  Convention  took  recess  until  9:30  a.  m.,  Saturday,  Feb- 
ruary  23rd. 


240  JOURNAL  Ol-    CONSTITUTIONAL 

CONVENTION  CHAMBEll. 
Morning;   Session,    Saturday,    February    23,    1907 — 9:30    A.    M. 

Convention   called   to   order;    President   Murray   in   the   chair. 

Invocation   by    Chaplain. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Edmondson,  Frye 
Graham,  Harned,  Hogg,  Hopkins,  Kelly,  Latimer,  McClure,  Mathis. 
Messenger,  Mitch,  Rice,  Rogers,  Rose,   Sater,   Stowe,   Tosh  and  Wyly. 

Messrs.  Edmondson,  Graham,  Harned,  Hogg,  Hopkins,  Latimer, 
Mathis,  Mitch,  Rice  and  Rogers  had  pi'eviously  been  excused. 

Mr.  Covey  was  excused  indefinitely  on  account  of  business.  Messrfe. 
Tosh,  Copeland  and  Messenger  were  excused  on  account  of  sickness. 

Mr.  Murray  presented,  by  request  of  James  Hutton,  Petition  No. 
396,  being  a  Memorial  for  Names  of  Triplets. 

Mr.  Brewer,  Chairman  of  the  Committee  on  Education,  filed  Report 
No.  51,  which  was  read,  referred  to  the  Committee  of  the  Whole,  and 
ordered    printed. 

The  Calendar  was  called  and  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  consideration  of  Special  and  General 
Orders,   with  Mr.    Langley   in   the  chair. 

Alter  consideration  of  the  matters  referred  to  the  Committee  of 
the  Whole,  Mr.  Langley,  as  Chairman  of  the  Committee  of  the  Whole, 
advised  the  President  of  the  Convention,  that  on  account  of  a  number 
of  members  being  absent  and  others  excused  for  Committee  Work,  the 
Committee  of  the  Whole  had  not  a  quorum  with  which  to  proceed  with 
its  deliberations. 

The  hour  for  noon  recess  having  arrived,  Mr.  Haskell  moved  that 
the  Convention  do  recess  until  2  p.  m.,  and  instruct  the  Sergeant-at- 
Arms  to  produce  a   quorum  at  that   hour. 

The  motion  prevailed,  and  the  Convention  took  recess  until  2   p.  m. 

CONVENTION  CHA.MBER. 
Afteraoon  Session,   Saturday,   February  23,    1907 — 2  P.  M. 

Convention   called   to  order;    President  Murray  in   the   chair. 

On  motion  of  Mr.  Chambers,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  lor  further  consideration  of  Special  and  Gen- 
eral Orders,  with  Mr.  Langley  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Langley. 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  Special  and  General  Orders  of  the  Calendar,  beg 
to  report  that  we  have  had  under  consideration,  under  Special  Orders, 
Committee  Report  No.    16,   by   the   Committee   on   Counties   and   County 


CONVENTION   OF   OKLAHOMA.  241 

Boundaries,  pending  as  to  tlie  location  of  the  County  Seat  of  Harper 
County,  and  we  recommend  that  said  report  be  made  a  Special  Order 
for  Tuesday  morning,  February  2  6th,  1907;  that  we  have  had  under 
consideration,  under  General  Orders,  Committee  Report  No.  45,  (re- 
committed), by  the  Committee  on  Insurance,  and  recommend  that  said 
report  be  adopted  as  amended  in  Committee  of  the  Whole,  that  pro- 
posed additional  section,  by  Mr.  Carr,  be  referred  to  the  Committee  on 
Insurance,  and  that  said  report  be  not  ordered  engrossed  until  action 
is  taken  by  the  Committee  on  Insurance  upon  the  proposed  additional 
section,  and  the  same  is  reported  to  and  considered  by  the  Committee 
of  the  Whole;  that  we  have  had  under  consideration  Committee  Report 
No.  43,  together  with  the  first  and  second  supplemental  reports,  by 
the  Committee  on  Private  Corporations,  and  recommend  that  same  be 
adopted,  ordered  engrossed,  and  passed  to  third  reading  and  final  pas- 
sage as  amended  in  Committee  of  the  Whole;  and  upon  the  residue  of 
the  matters  referred  to  us,  we  have  made  progress  and  ask  leave  to  sit 
again. 

J.   H.   LANGLEY,   Chairman. 

On  motion  of  Mr.  Sorrells,  the  report  was  adopted. 

The  Convention  took  recess  until  9:30  a.  m.,  Monday,  February 
25,    1907. 

CONVENTION  CHAMBER. 
Morning  Session,  Monday,   February  25,    1907 — 9:;J0  A.   M. 

Convention   called   to   order;    President  Murray   in   the   chair. 

Invocation  by  the  Right  Reverend  Francis  K.  Brooks,  Bishop  of  the 
Episcopal    Church,    Guthrie,    Okla. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Covey,  Copeland. 
Alderson,  Bowers,  Brewer,  Fisher,  Graham,  Harned,  Hayes,  Helton, 
Hogg,  Hopkins,  Hudson,  Kane,  Kelly,  Leahy,  McClure,  Mathis,  Mitch, 
Rogers,  Stowe,  Tosh  and  Wyly. 

Messrs.  Covey,  Copeland,  Graham,  Harned,  Hogg,  Hopkins,  Mathis. 
Rogers   and   Tosh   had    been   previously   excused. 

Messrs.  Bowers,  Brewer  and  Buchanan  were  excused  until  March 
2nd,  on  account  of  sickness.  Messrs.  Kane,  Leahy  and  Hudson  were 
excused    until    Thursday    on    account    of   sickness. 

Mr.  Edley  introduced  Resolution  No.  87,  relating  to  the  Holding  of 
Night  Sessions, — referred   to   the  Committee   on    Rules  and    Procedure. 

Mr.  Haskell  introduced  Resolution  No.  SS,  and  on  his  motion, 
same  was  adopted  as  follows: 

Whereas,  The  work  of  this  Convention  is  near  closing,  and  it  is 
essential  that  great  care  be  exercised  to  the  end  that  nothing  should 
be  omitted  that  should  be  done,  and  that  nothing  should  be  included 
that  should  be  omitted;   therefore, 


242  JOURNAL  OF  CONSTITUTIONAL 

Be  It  Resolved,  Tliat  a  Committee  of  Ten  be  appointed  to  be  known 
as  the  Legal  Advisory  Committee,  to  whom  shall  be  referred  all  ques- 
tions and  propositions  as  the  Convention  deems  proper. 

President  Murray  appointed  as  such  committee  the  following  named 
members: 

Messrs.  Hayes,  Moore,  Williams  of  iOS,  Ledbetter,  Kane,  Kornegay, 
Leahy,  Asp,  King  and  Henshaw. 

On  motion  of  Mr.  Williams  of  108,  Committee  Report  No.  4  3,  by 
the  Committee  on  Private  Corporations,  was  re-referred  to  the  Com- 
mittee   of    the    Whole. 

■  On  motion  of  Mr.  Swarts,  the  use  of  the  Convention  Hall  was 
tendered  the  ladies  of  the  City  for  a  musical  entertainment  on  Wednes- 
day evening,  February   27th. 

Mr.  Hanraty,  Chairman  of  the  Committee  on  Labor  and  Arbitration, 
filed  Report  No.  52,  which  was  read,  referred  to  the  Committee  of  the 
W^hole,   and   ordered   printed. 

Mr.  Johnston  moved  to  set  as  a  Special  Order,  the  report  of  the 
Committee  on  Revision,  Compilation,  Style  and  Arrangement  for 
Wednesday,  -March    6th. 

On  motion,   the  motion  was  laid  on  the  table. 

On  motion  of  Mr.  Baker,  the  Committee  on  ouffrage  was  directed 
to  make  an  early  report  on  an  amendment  offered  by  Mr.  Baker,  special- 
ly referred  to  that  committee. 

The  Calendar  was  called,  and  the  Convention  resolved  itself  into 
Committee  of  the  Whole  for  consideration  of  General  Orders,  with  Mr. 
Henshaw    in    the    chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr.  Henshaw,  as  Chairman  of  the  Com- 
mittee of  the  Whole,   reported  as   follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  4  3,  by  the 
Committee  on  Private  Corporations,  and  recommend  that  certain  sec- 
tions thereof  be  referred  to  the  Special  Legal  Advisory  Committee,  and 
upon  the  residue  of  said  report,  as  well  as  upon  matters  referred  to  us, 
we  have  made  progress  and  ask  leave  to  sit  again. 

GEO.    A.    HENSHAW,    Chairman. 

On  motion  of  Mr.  Williams  of  3,  the  report  was  adopted. 
On  motion  of  Mr.  Chambers,  the  Convention  took  recess  until   1:30 
p.  m. 


CONVENTION   OF   OKLAHOMA.  243 

CONVENTION  CHAMBER. 
Afternoon  Session,  Monday,  February  25,  1907 — t:;J()  I*.  M. 

Convention   called   to   order;    President  Murray   in   the   cliair. 

Roll  called;   a  quorum  present. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole  for  further  consideration  of  General  Orders,  with  Mr.  Henshaw 
in   the   chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose,  President  Murray  I'esumed  the  chair,  and  Mr.  Henshaw, 
as  Chairman  of  the  Committee  of  the  Whole,   reported  ab   follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  25,  by  the 
Committee  on  Private  Corporations,  and  respectfully  recommend  that 
further  action  thereon  be  deferred  until  the  Committee  on  Judicial 
Apportionment  filed  its  report;  that  we  have  had  under  consideration 
Committee  Report  No.  47,  by  the  Committee  on  Legislative  Depart- 
ment, and  recommend  that  same  be  adopted,  ordered  engrossed,  and 
passed  to  third  reading  and  final  passage,  as  amended  in  Committee  of 
the  Whole;  that  we  have  had  under  consideration  Committee  Report 
No.  4  8,  by  the  Committee  on  Revenue  and  Taxation,  and  that  thereon 
as  well  as  upon  the  residue  of  the  matters  referred  to  us  we  have 
made  progress  and  ask  leave  to  sit  again. 

GEO.    A.    HENSHAW,    Chairman. 
On   motion,   the   report   was   adopted. 

Mr.  Hendricks,  Chairman  of  the  Committee  on  Agriculture,  filed 
Report  No.  29,  (re-committed),  which  was  read,  referred  to  the  Com- 
mittee of  the  Whole,  and  ordered  printed. 

Mr.  McClain,  Chairman  of  the  Committee  on  Insurance,  filed  Report 
No.  45,  supplemental,  which  was  read,  referred  to  the  Committee  of  the 
Whole,  and  ordered  printed. 

Mr.  Baker,  Chairman  of  the  Committee  on  State  and  School  Lands, 
filed  Report  No.  42,  supplemental,  which  was  read,  referred  to  the  Com- 
mittee  of  the   Whole,   and   ordered    printed. 

Convention  took  recess  until  9:30  a.  m.,  Tuesday,  February  26. 
1907. 

CONVENTION  CHAMIIKK. 
Morning  Session,  Tuesday,  February  2«,   1907 — 9:;50  A.   >I. 

Convention   called   to  order;    President   Murray   in    the   chair. 

Invocation  by  Chaplain. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Covey,  Copeland, 
Bilby,  Bowers,  Brewer,  Fisher,  Graham,  Helton,  Hogg,  Hudson,  Kane 
Kelly,  Leahy,  Mathis,  McClure,  Mitch,  Rogers,  Stowe,  Tosh  and  Wyly. 


,244  JOURNAL  OF  CONSTITUTIONAL 

Messrs.  Bowers,  Brewer,  Covey,  Copeland,  Graham,  Harned,  Hogg, 
Hopkins,  Kane,  Kelly,  Leahy,  Hudson,  Mathis,  Mitch,  Rogers  and  Tosh 
had  been  previously  excused. 

Mr.   Cochran  was  excused  for  one  week  on  account  of   business. 

Mr.  Hayes  was  excused  for  absence  yesterday  on  account  of  sick- 
ness. 

Mr.  Swarts  was  appointed  Chairman  pro  tempore  of  the  Committee 
on  Legislative  Department,  vice  Mr.  Tosh,  absent  on  account  of  sick- 
ness. 

Messrs.  Buchanan  and  Aldersou  were  appointed  as  additional  meril- 
bers  on  the  Committee  on  Revision,  Compilation,  Style  and  Arrange- 
ment. 

On  motion  of  Mr.   Henshaw,  the  appointments  were  confirmed. 

Mr.  King,  Vice-Chairman  of  the  Committee  on  Rules  and  Pro- 
cedure, filed  report  of  that  committee  for  investigation  upon  recom- 
mendation of  the  Committee  of  the  Whole;  the  report  was  read,  and 
referred   to  the  Committee   of  the  Whole. 

Mr.  Hughes,  Chairman  of  the  Committee  on  Municipal  Corpora- 
tions, filed  Committee  Report  No.  53,  which  was  read,  referred  to  the 
Committee  of  the    Whole,   and   ordered    printed. 

The  Calendar  was  called,  and  the  Convention  resolved  itself  into 
Committee  of  the  Whole  for  consideration  of  Special  and  General 
Orders,  with  Mr.  Hayes  in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr.  Hayes,  as  Chairman  of  the  Com- 
mittee of   the   Whole,    reported    as    follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  Special  and  General  Orders  of  the  Calendar, 
beg  to  report  that  we  have  had  under  consideration,  under  Special 
Orders,  Committee  Report  No.  16,  by  the  Committee  on  Counties  and 
County  Boundaries,  pending  as  to  the  location  of  the  temporary  seat 
of  Harper  County,  and  we  recommend  the  adoption  of  that  portion  of 
said  report,  that  Buffalo  be  entered  as  the  County  Seat  of  Harper 
County,  in  the  engrossment  of  said  report  heretofore  ordered  by  the 
Convention;  that  we  have  had  under  consideration  Committee  Report 
No.  48,  by  the  Committee  on  Revenue  and  Taxation,  and  that  thereon, 
as  well  as  upon  the  residue  of  the  matters  referred  to  us,  we  have  made 
progress  and  ask  leave  to  sit  again. 

S.    W.    HAYES,    Chairman. 

On  motion  of  Mr.    Alderson,   the   report  was  adopted. 
On    motion   of    Mr.    Roberts,   the   Convention   took    recess   until    1:45 
p.   m. 


CONVENTION    OF   OKLAHOMA.  245 

CONVENTION  CHAMIJF>H. 
Afhrnoon  Session,  Tuesday,  Febtiiaiy  2(>,   1907 — 1  :4.'>  P.  M. 

Convention  called   to   order;    President  Murray   in   the   chair. 

Mr.  Williams  of  10  8,  for  the  Special  Legal  Committee,  filed  report 
upon  certain  inquiries  of  the  Committee  of  the  Whole,  upon  legal 
propositions  in  Committee  Report  No.  4  3,  which  was  read,  and  referred 
to   the    Committee   of    the   Whole. 

Upon  motion,  the  Convention  resolved  itself  into  Committee  ol 
the  Whole  for  further  consideration  of  General  Orders,  with  Mr.  Hen- 
shaw    in    the    chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Henshaw, 
as  Chairman  of  the  Committee  of  the  Whole,   reported  as   follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  48,  by  the 
Committee  on  Revenue  and  Taxation,  and  recommend  that  Sections  1  to 
9,  inclusive,  13  to  19,  inclusive,  and  Sections  20  and  21,  be  adopted  as 
amended  in  Committee  of  the  Whole;  we  recommend  that  Sections  10, 
11,  12,  23  and  24  be  re-referred  to  the  Committee  on  Revenue  and 
Taxation;  we  recommend  that  proposed  Section  19a  be  referred  to  the 
Special  Legal  Advisory  Committee;  we  recommend  that  Section  22  be  not 
adopted;  and  we  further  recommend  that  said  report  be  not  engrossed 
until  the  portions  of  same  referred  to  the  committees  hereinbefore 
named  have  been  reported  back  to  the  Committee  of  the  Whole,  and 
acted  upon  therein;  and  that  we  have  had  under  consideration  Com- 
mittee Report  No.  4  9,  being  the  joint  report  of  the  Committees  on  Pri- 
mary Elections  and  Privileges  and  Elections,  and  we  recommend  that 
Sections  1,  2,  8  and  4,  thereof,  be  adopted  as  amended  in  Committee  of 
the  Whole;  that  the  residue  of  said  report  be  referred  to  the  Special 
Legal  Advisory  Committee,  and  we  further  recoftimend  that 
said  report  be  not  ordered  engrossed  until  the  portions  thereof  referred 
to  said  Special  Committee  are  reported  back  and  acted  upon  in  Com- 
mittee of  the  Whole;  and  that  we  have  had  under  consideration  Com- 
mittee Report  No.  4  3,  by  the  Committee  on  Private  Corporations,  and 
we  recommend  that  same  be  adopted,  ordered  engrossed,  and  passed  to 
third  reading  and  final  passage  as  amended  in  Committee  of  the  Whole, 
and  upon  the  residue  of  the  matters  referred  to  us,  we  have  made 
pi'ogress  and  ask  leave  to  sit  again. 

G.   A.  HENSHAW,  Chairman 

On    motion,    the    report    was   adopted. 

The  Convention  took  recess  until  9:30  a.  m.,  Wednesday,  February 
27,   1907. 


246  JOURNAL  OF  CONSTITUTIONAL 

COX^^XTIOX  CHAMBER. 
3Iorning  Session,   AVednesday,   February  27,    1907 — 9:30   A.   M. 

Convention   called   to   order;    President   Murray   in   the   chair. 

Invocation    by    Chaplain. 

Roll  called;  a  quorum  pi'esent.  Absent:  Messrs.  Bowers,  Brewer, 
Cochran.  Copeland,  Covey,  Graham,  Harris,  Helton,  Hogg,  Hopkins, 
Hudson,  Kelly,  McClure,  Mathis,  Mitch,  Rogers,  Savage,  Stowe,  Tosh 
and  Wood  of  8. 

Messrs.  Bowers,  Brewer,  Cochran,  Copeland,  Covey,  Graham,  Hogg, 
Hopkins,  Hudson,  Kelly,  Leahy,  Mathis,  Mitch,  Rogers  and  Tosh  had 
])een  previously  excused. 

Mr.  Bilby  was  excused  for  absence  on  Monday  and  Tuesday  of  this 
week.  Mr.  Savage  was  excused  from  sessions  of  today  on  account  of 
business. 

Mr.  Hayes,  for  the  Special  Legal  Advisory  Committee,  filed  report 
and  recommendation  upon  proposed  Section  10a  of  Committee  Report 
No.  49.  which  was  specially  referred  to  that  committee  on  the  recom- 
mendation of  the  Committee  of  the  Whole;  the  report  and  recommenda- 
tion were  read  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Ledbetter,  for  the  Special  Legal  Advisory  Committee,  filed 
report  upon  a  portion  of  Committee  Report  No.  43,  specially  referred 
upon  the  recommendation  of  the  Committee  of  the  Whole;  report  was 
read  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Henshaw,  for  the  Committee  to  pass  upon  the  advisability  of 
inserting  in  the  Constitution  Provisions  for  Separate  Coaches,  filed 
report,  which  was  read  and  referred  to  the  Committee  of  the  Whole. 

The  Calendar  was  called  and  the  Convention  resolved  itself  into 
Committee  of  the  Whole  for  consideration  of  Special  and  General 
Orders   of   the   Calendar,    with   Mr.    Langley    in   the   chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Langley,  as  Chairman  of  the  Com- 
mittee of  the  Whole,   reported  as   follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  Special  and  General  Orders  of  the  Calendar, 
beg  to  report  that  we  have  had  under  consideration,  under  Special 
Orders,  Committee  Report  No.  35,  by  the  Committee  on  Railroads  and 
Public  Service  Corporations,  being  a  proposition  for  Separate  Coaches 
for  Persons  of  African  Descent,  and  respectfully  recommend  that  said 
report  be  laid  upon  the  table;  that  we  have  had  under  consideration 
Committee  Report  No.  47,  by  the  Committee  on  Legislative  Department, 
pending  in  Committee  of  the  Whole,  upon  a  motion  to  reconsider  Sec- 
tion 4  thereof,  and  respectfully  recommend  that  same  be  adopted  as 
amended  in  the  Committee  of  the  Whole,  and  that  said  report  as  amend- 
ed, be  ordered  engrossed  and  passed  to  third  reading  and  final  passage; 


CONVENTION    01<'    OKLAHOMA.  24  7 

that  we  have  had  under  consideration  Committee  Report  No.  50,  by  the 
Special  Committee  on  Land  Ownership,  and  that  thereon,  as  well  as  upon 
the  residue  of  the  matters  referred  to  us,  we  have  made  pi'ogress  and 
ask  leave  to  sit  again. 

J.    H.    LANGLEY,    Chairman. 

On   motion   of  Mr.    Banks,   the  report  was   adopted. 

On  motion  of  Mr.  Chambers,  the  Convention  took  recess  until  1:30 
p.    m. 

(  ONVENTION  CHAMBER. 
Afternoon  Session,  Wednesday,  February  27,    1007 — 1::50  I*.  M. 

Convention  called   to   order;    President   Murray   in   the   chair. 

Mr.  Chambers  was  appointed  Chairman  pro  tempore  of  the  Com- 
mittee   on   Convention    Printing,    vice   Mr.    Woods   of    8,    absent. 

Mr.  Gardner  was  appointed  as  a  member  pro  tempore  of  the  Com- 
mittee on  Judicial  Apportionment,  vice  Mr.  Hogg,  absent. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  further  consideration  of  General  Orders,  with  Mr.  Henshaw 
in    the    chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Henshaw, 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  5  2,  by  the 
Committee  on  Labor  and  Arbitration,  and  recommend  that  Sections  1, 
2,  3,  4,  5  and  7  thereof,  be  adopted  as  amended  in  the  Committee  of 
the  Whole;  we  recommend  that  Section  6  and  proposed  Section  6a  be 
referred  to  the  Special  Legal  Advisory  Committee,  and  we  further  rec- 
ommend that  said  report  be  not  ordered  engrossed  until  the  sections 
so  referred  are  reported  back  and  reported  upon  in  the  Committee  of 
the  Whole;  that  we  have  had  under  consideration  Committee  Report 
No.  29,  re-committed,  by  the  Committee  on  Agriculture,  and  recommend 
that  same  be  adopted,  ordered  engrossed  and  passed  to  third  readint; 
and  final  passage  as  amended  in  Committee  of  the  Whole;  that  we 
have  had  under  consideration  Committee  Report  No.  50,  by  the  Special 
Committee  on  Land  Ownership,  and  recommend  that  Section  3  thereof 
be  tabled  and  that  Sections  1  and  2  thereof  be  adopted,  ordered  en- 
grossed and  passed  to  third  reading  and  final  passage  as  amended  in 
the  Committee  of  the  Whole;  that  we  have  had  under  consideration*- 
Committee  Report  No.  45,  re-committed,  pending  upon  report  of  the 
Committee  on  Insurance,  upon  proposed  Section  9,  and  recommend 
that  said  proposed  section  be  referred  to  a  Special  Committee  composed 
of  Messrs.  Johnston,  Carr  and  McClain,  to  be  reconsidered  and  reported 


248  JOURNAL  OF  CONSTITUTIONAL 

back  to  the  Committee  of  the  Whole;  that  we  have  had  under  consid- 
eration Committee  Report  No.  42,  by  the  Committee  on  State  and 
School  Lands,  and  respectfully  recommend  that  the  portions  of  the 
majority  and  minority  reports  of  said  committee,  heretofore  recom- 
mended by  the  Committee  of  the  Whole  for  adoption,  be  ordered  printed 
with  said  supplemental  report,  and  placed  upon  the  files  of  the  members. 

GEO.    A.    HENSHAW,    Chairman. 
On    motion,   the   report  was  adopted. 

The  Calendar  was  called  and  the  Convention  resolved  itself  into 
Committee  of  the  Whole  for  further  consideration  of  General  Orders, 
with  Mr.   Henshaw  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Hen- 
shaw, as  Chairman  of  the  Committee  of  the  Whole,  reported  as  fol- 
lows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
v.'hom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  53,  by  the 
Committee  on  Municipal  Corporations,  and  that  thereon,  as  well  as 
upon  the  residue  of  the  matters  referred  to  us,  we  have  made  progress 
and   ask   leave   to   sit   again. 

GEO.   A.    HENSHAW,   Chairman. 

On  motion  of  Mr.   Lee,  the  report  was  adopted. 

Mr.  Tracy,  Chairman  of  the  Committee  on  General  Provisions,  filed 
Reports  Nos.  54  and  55,  which  were  read,  referred  to  the  Committee  of 
the  Whole,   and  ordered   printed. 

On  motion  of  Mr.  Haskell,  the  roll  of  Standing  Committees  wa^: 
called,  to  ascertain  what  committees  had  finished  their  deliberations 
and   filed   final   reports  and   what  committess   would   yet   have   reports   to 

nie. 

The  President  appointed  Mr.  Jones  as  Chairman  pro  tempore  of 
the  Committee  on  Salaries  and  Compensations  of  Public  Officers,  vice 
Mr.  Rogers,  absent. 

Mr.  Pittman.  Chairman  of  the  Committee  on  Legislative  Appor- 
tionment, filed  Report  No.  5  6,  which  was  read,  referred  to  the  Com- 
mittee  of   the   Whole,    and    ordered    printed. 

On    motion    of   Mr.    Haskell,    the  committees   yet    having    reports    to 

make,  were  directed   to  file  same  by  Saturday  morning,   March   2nd. 

On  motion  of  Mr.  Swarts,  the  Convention  adjourned  until  9:30 
a.   m.,  Thursday,  February  28,    1907. 


CONVENTION   OF   OKLAHOMA.  249 

( ONVE NTIOX  C'HAMBEIt. 
Morning  Session,  Tluusday,   Fe?)iuaiy  28,   1907 — n.iiO  A.  M. 

Convention   called   to   order;    President   Murray   in   the   chair. 

Invocation  by  the  Chaplain. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Bowers,  Brewer, 
Cochran,  Copeland,  Covey,  Curl,  Harned,  Hogg,  Hopkins,  Hudson,  Kelly, 
McClure,  Mathis,  Mitch,  Rogers,  Savage,  Stowe,  Wood  of  8,  and  Tosh. 

Messrs.  Bowers,  Brewer,  Cochran,  Copeland,  Covey,  Graham,  Hogg, 
Hopkins,  Hudson,  Kelly,  Mathis,  Mitch,  Rogers  and  Tosh  had  been 
previously  excused. 

Mr.  Swarts,  Chairman  of  the  Committee  on  Impeachment  and 
Removal  from  Office,  and  Mr.  Kane,  for  the  same  committee,  filed 
respectively,  Report  No.  5  7,  and  the  minority  report,  both  of  which 
were  read,  referred  to  the  Committee  of  the  Whole,  and  ordered  printed. 

Mr.  Murray  presented,  by  request.  Petition  No.  386,  from  the  Na- 
tional Petroleum  Association,  relating  to  the  Regulation  of  the  Oil 
Industry  in  the  State  of  Oklahoma, — referred  to  tae  Committee  on  Man- 
ufacture and  Commerce. 

George  Rice  (colored),  was  appointed  Janitor  pro  tempore,  vice  two 
Janitors  sick.  Upon  motion  of  Mr.  Johnston,  the  appointment  was  con- 
firmed;   Rice  appeared   and  took  the  oath  of  office. 

On  motion  of  Mr.  Haskell,  Committee  Report  No.  51,  b.y  the  Com- 
mittee on  Education,  was  referred  to  the  Special  Legal  Advisory  Com- 
mittee. 

The  Calendar  was  called,  and  the  Convention  resolved  itself  into 
the  Committee  of  the  Whole,  for  consideration  of  General  Orders,  with 
Mr.  Johnston  in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Johnston,  as  Chairman  of  the  Com- 
mittee of  the  Whole,   reported   as   follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
v;hom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  53,  by 
the  Committee  on  Municipal  Corporations,  and  that  thereon,  as  well  as 
upon  the 'residue  of  the  matters  referred  to  us,  we  have  made  progress 
and  ask  leave  to  sit  again. 

HENRY   S.    JOHNSTON.   Chairman. 

On   motion    of   Mr.    Williams   of    3,    the   report   was   adopted. 

Mr.  Swarts,  for  the  Committee  on  Legislative  Department,  filed 
Committee  Report  No.  58,  which  was  read,  referred  to  the  Committee 
of  the  Whole,  and  ordered  printed. 

Mr.  Buchanan  introduced  Constitutional  Proposition  No.  436, 
relating  to  Levee  and   Drainage  Provisions, — read  by   title  and   referred 


•250  JOURNAL  OF  CONSTITUTIONAL 

to    the    Committee   on    Public    Roads,    Highways    and    Internal    Improve- 
ments. 

Mr.  Hayes,  for  the  Special  Legal  Advisory  Committee,  filed  report 
on  proposed  Section  6a  of  the  report  of  the  Committee  on  Labor  and 
Arbitration,  which  was  read  and  referred  to  the  Committee  of  the  Whole. 

CONVENTION  CHAMBER. 
Afternoon  Session,  Thursday,  February  28,  1907 — 1:45  P.  M. 

Convention  called    to   order;    President  Murray   in   the   chair. 

The  Committee  on  Convention  Accounts  and  Expenses,  having  asked 
to  be  directed  by  the  Convention  as  to  the  basis  of  measurement  of 
composition  on  Convention  Printing,  on  motion  of  Mr.  Pittman,  was 
instructed  by  the  Convention  to  audit  the  account  upon  a  basis  of 
eight  point  type  for  all  compositions  and  to  measure  all  compositions 
on  printing  therefore  done,  as  if  set  in  eight  point  type,  and  the  Pres- 
ident and  Secretary  of  the  Convention  were  authorized  to  make  the 
printing  contract  to  conform  to  these  directions. 

The  President  appointed  Mr.  Allen  as  a  member  pro  tempore  of 
the   Committee   on    Judicial   Apportionment,    vice    Mr.    Bowers,    absent. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  further  consideration  of  the  General  vjrders,  with  Mr.  Hen- 
shaw  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Henshaw, 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  W/ere  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  5  3,  by  the 
Committee  on  Municipal  Corporations,  and  respectfully  recommend  that 
the  proiiosed  amendments  of  Mr.  Leahy  and  Mr.  Johnston  be  referred 
to  a  Special  Committee,  composed  of  Messrs.  Johnston,  Hughes  and 
Messenger,  to  be  re-drafted  and  reported  back  to  the  Committee  of  the 
Whole;  we  recommend  that  said  report  be  adopted  as  amended  in  the 
Committee  of  the  Whole  and  that  same  be  not  ordered  engrossed  until 
the  proposed  amendments  are  considered  by  said  Special  Committee  and 
reported  back  to  the  Committee  of  the  Whole  and  considered  thSrein;  that 
we  have  had  under  consideration  Committee  Report  No.  45,  by  the  Com- 
mittee on  Insurance,  upon  u  report  of  a  Special  Legal  Advisory  Com- 
mittee on  matters  especially  referred  to  that  committee  to  be  re-drafted 
and  reported  back  to  the  Committee  of  the  Whole;  that  we  have  had 
under  consideration  Committee  Report  No.  54,  by  the  Committee  on 
General  Provisions,  and  recommend  that  Section  1  thereof  be  tabled, 
that  Sections  3,  4  and  5  thereof  be  stricken  from  the  report  and  chat 
Section   2   of  the  said   report  be  adopted,   ordered   engrossed  and   passed 


CONVENTION   OF   OKLAHOMA.  251 

to  third  reading  and  final  passage;  that  we  have  had  under  considera- 
tion Committee  Report  No.  48,  by  the  Committee  on  Revenue  and  Tax- 
ation, and  recommend  that  same  be  adopted,  ordered  engrossed  and 
passed  to  the  third  reading  and  final  passage  as  amended  in  Committee 
of  the  Whole;  and  that  we  have  had  under  consideration  Committer 
Report  No.  56,  by  the  Committee  on  Legislative  Department,  and  rec- 
ommend that  same  be  adopted,  ordered  engrossed  and  passed  to  third 
reading  and  final  passage  in  Committee  of  the  Whole;  and  upon  the 
residue  of  these  matters  referred  to  us,  we  have  made  progress  and 
beg  leave  to   sit  again. 

GEO.  A.  HENSHAW,  Chairman. 

On   motion,   the  report  was  adopted. 

Messrs.  Leahy  and  McClain  were  excused  from  attending  the  ses- 
sion of  March   1st  and   2nd. 

Mr.  Roberts,  Chairman  of  the  Committee  on  Liquor  Traffic,  filed 
Report  No.  59,  supplemental,  which  was  read  and  referred  to  the  Com- 
mittee of  the  Whole,   and  ordered  printed. 

On  motion,  the  Convention  took  recess  until  9:30  a.  m.,  Friday, 
March    1st,    1907. 

CONVENTION  CHAMBER. 
Morning   Session,    Friday,    March    1,    1907 — 9:30    A.    M. 

Convention  called   to   order;    President   Murray   in   the   chair. 

Invocation  by  Delegate  Cloud,    of  the   2  3rd   District. 

Roll   called;    a    quorum   present. 

Absent:  Messrs.  Bowers,  Brewer,  Cochran,  Copeland,  Covey,  Curl, 
Graham,  Harned,  Hogg,  Hopkins,  Hudson,  Kelly,  Leahy,  McClain,  Mc- 
Clure,  Mathis,  Rogers,  Savage  and  Tosh. 

Messrs.  Bowers,  Brewer,  Cochran,  Copeland,  Covey,  Curl,  Graham, 
Hogg,  Hopkins,  Hudson,  Kelly,  Leahy,  McClain,  Mathis,  Rogers  and  Tosh 
had  previously  been  excused. 

Mr.  Stowe  was  excused  for  absence  on  Monday,  Tuesday,  Wednesday 
and  Thursday  of  this  week.  Mr.  Littlejohn  was  excused  until  Monday, 
March  4th. 

On  motion  of  Mr.  Johnston,  the  provision  for  the  Initiative  and  Ref- 
erendum was  ordered  placed  on  its  third  reading  and  final  passage,  Sat- 
urday, March  2nd. 

Mr.  Haskell  introduced  Resolution  No.  89,  as  follows: 

Resolved,  That  it  is  the  sense  of  this  body  that  separate  coaches  and 
waiting  rooms  be  required  for  the  negro  race;  that  we  consider  this  a 
legislative  matter  rather  than  a  Constitutional  question;  that  Statehood 
is  the  all-important  question  to  relieve  our  people  of  the  embarrassment 
of  Interior  Department  rule;  that  there  is  apparent  good  reason  to  doubt 


252  JOURNAL  OF  CONSTITUTIONAL 

the   proclamation  of  Statehood  if  the   separate   coach   and   waiting   room 
provision  is  placed  in  the  Constitution. 

Resolved,  We  do  recommend  that  the  Legislation  do  by  law  require 
all  railroads  of  the  State  to  provide  for  separate  but  equal  coaches  and 
waiting  rooms  for  the  negro  race. 

C.   N.   HASKELL. 

On  motion  of  Mr.  Majors,  the  resolution  was  adopted. 

The  Calendar  was  called  for  and  the  Convention  resolved  itself  into 
Committee  of  the  Whole  for  consideration  of  the  General  Orders,  with 
Mr.  Nelson  in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr.  Nelson,  as  Chairman  of  the  Commit- 
tee of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole,  to  whom  were 
referred  the  General  Orders  of  the  Calendar,  beg  to  report  that  we  have 
had  under  consideration  Committee  Report  No.  4  2,  supplemental,  by  the 
Committee  on  State  and  School  Lands,  and  recommend  the  same  be 
adopted,  ordered  engrossed  and  passed  to  the  third  reading  for  final 
passage,  as  amended  in  the  Committee  of  the  Whole;  that  we  have  had 
under  consideration  Committee  Report  No.  55,  by  the  Committee  on 
General  Provisions,  and  that  thereon,  as  well  as  upon  the  residue  of  the 
matters  referred  to  us,  we  have  made  progress  and  beg  leave  to  sit  again. 

FLOWERS    NELSON,    Chairman. 

On  motion  of  Mr.   Sater,  the  report  was  adopted. 

On  motion,  the  Convention  took  recess  until  1:45  p.  m. 

CONVENTION   CHAMliKK. 
Afternoon  Session,  Fiiday,  March   1.   1!)07 — 1:4.">  I".  M. 

Convention  called   to   order;    President  Murray  in   the  chair. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  the  further  consideration  of  the  General  Orders,  with  Mr. 
Langley  in  the  chair. 

After  consideration  of  the  mattei's  rel-erred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Langley,  as 
Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  55,  by  the 
Committee  on  General  Provisions,  and  recommend  that  the  same  be 
adopted,  ordered  engrossed  and  passed  to  third  reading  and  final  passage 
as  amended  in  the  Committee  of  the  Whole;  that  we  have  had  under 
consideration  Committee  Report  No.  5  7,  by  the  Committee  on  Impeach- 
ment and  Removal   from   Office,   and  that  thereon,  as  well   as  upon  the 


CONVKNTIUN    OF    OKLAHOMA.  Zi)-6 

residue  of  the  matters  referred  to   us,   we  have   made   progress  and  beg 
leave   to   sit   again. 

J.    H.    LANGLEY,    Chairman 

On  motion  of  Mr.  Chambers,  the  rei)ort  was  adopted. 

Mr.  Pittman  moved  the  reconsideration  of  the  vote  by  which  the 
report  of  the  Committee  of  the  Wliole  was  adopted,  recommending  for 
adoption  Committee  Report  No.  56,  by  the  Committee  on  Legislative 
Apportionment. 

The  motion  was   duly  seconded. 

Mr.  Williams  of  3,  Chairman  of  the  Committee  on  Public  Debts  and 
Public  Works,  filed  Report  No.  60,  which  was  read,  referred  to  the  Com- 
mittee of  the  Whole,  and  ordered  printed. 

Mr.  King,  Chairman  of  the  Committee  on  Revenue  and  Taxation, 
filed  Report  No.  5  2,  supplemental,  which  was  read,  referred  to  the  Com- 
mittee of  the  Whole,   and  ordered   printed. 

Mr.  Quarles  moved  the  reconsideration  of  the  vote  by  which  the  Com- 
mittee on  Convention  Accounts  and  Lxpenses  was  instructed  to  measure 
composition  on  Convention   Printing,   as  if  in  eight  point  type. 

The  motion  was  duly  seconded. 

Mr.  Baker  moved  to  defer  action  on  the  matter  of  Convention  print- 
ing  until    Monday,    March    4th.      Motion   was    lost. 

On  motion  of  Mr.  Haskell,  the  Convention  tooK  recess  until  9:30  a. 
m.,   Saturday,   March    2nd,    1907. 

CONVENTION  CHAMBER. 
Morning  Session,  Saturday,  March  2,  1907 — 9:30  A.  M. 

Convention  called   to   order;    President  Murray  in  the  chair. 

Invocation  by  Rev.  J.  J.  Thompson,  Oklahoma  City. 

Roll  called;  quorum  present.  Absent:  Messrs.  Allen,  Banks,  Bowers, 
Brewer,  Cochran,  Copeland,  Covey,  Curl,  Fisher,  Frye,  Graham,  Harned, 
Hayes,  Henshaw,  Hogg,  Hopkins,  Kelly,  Leahy,  Lasater,  Littleton,  Mc- 
Clain,  McClure,  Mathis,  Rogers,  Savage  and  Tosh. 

Messrs.  Bower,  Brewer,  Cochran,  Copeland,  Covey,  Curl,  Graham, 
Hopkins,  Hogg,  Kelly,  Leahy,  McClain,  Littleton,  Mathis,  Rogers  and  Tosh 
had  previously  been  excused. 

Messrs.  Fisher,  Hayes  and  Henshaw  were  excused  for  absence  from 
the  day's  session,  on  account  of  business.  Mr.  Allen  was  excused  for 
today  and  Monday,  March  4th. 

Mr.  Savage  was  excused  for  absence  on  the  last  three  days  and  Sat- 
urday on  account  of  sickness. 

Mr.  Jones,  Chairman  pro  tempore  ot  the  Committee  on  Salaries  and 
Compensation  of  Public  Officers,  filed  Committee  Report  No.  61,  which 
was  read,  referred  to  the  Committee  of  the  Whole,  and  ordered  printed. 

Mr.   Murray  introduced   Constitutional   Proposition   No.    4  37,   relative 


2  54  JOURNAL  OF  CONSTITUTIONAL 

to  Levees,  Drains  and  Ditches, — read  by  title  and  referred  to  the  Special 
Legal  Advisory  Committee. 

On  motion  of  Mr.  Pittman,  the  motion  of  Mr.  Tenor,  made  on  Fri- 
day, March  1st,  to  reconsider  the  vote  by  which  the  Convention  directed 
the  Committee  on  Convention  Accounts  and  Expenses  as  to  measurements 
of  type,  was  laid  on  the  table. 

On  motion  of  Mr.  Johnston,  the  pages,  2  2  to  2  6.  inclusive,  of  the 
report  of  the  Committee  on  Compilation,  Style  and  Arrangement,  was 
ordered  engrossed  and  placed  upon  the  third  reading,  as  this  day 
amended. 

The  Calendar  was  called  and  the  Conventiou  resolved  itself  into 
Committee  of  the  Whole,  for  consideration  of  General  Orders,  with  Mr. 
Kane    in    the   chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr.  McCance  having  been  called  to  the 
chair  by  Mr.  Kane,  and  having  presided  over  the  Committee  of  the  Whole, 
reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  reporf 
that  we  have  had  under  consideration  Committee  Report  No.  57,  by  the 
Committee  on  Impeachment  and  Removal  from  Office,  and  that  thereon, 
as  well  as  upon  the  residue  of  the  matters  referred  to  us,  we  have  made 
progress  and  beg  leave  to  sit  again. 

E.   O.    McCANCE,   Chairman. 

On  motion  of  Mr.  W^illiams  of  97,  the  report  was  adopted. 

On  motion,  the  Convention  took  recess  until  1:45  p.  m. 

CONVENTION  CHAMBER. 
Afternoon  Session,  Saturday,  March  2,  1907 — l:4t5  P.  M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

On  motion  of  Mr.  Swarts,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  for  further  consideration  of  the  General  Orders,  with 
Mr.  Langley  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Langley, 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  57,  by  the 
Committee  of  Impeachment  and  Removal  from  Office,  and  recommend 
that  same  be  adopted,  ordered  engrossed  and  passed  to  third  reading  and 
linal  passage,  as  amended  in  the  Committee  of  the  Whole;  that  we  have 
had  under  consideration  Committee  Report  No.  57,  by  the  Committee  on 
Impeachment  and   Removal   from   Office,   and   recommend  that  the   same 


CONVENTION   OF   OKLAHOMA.  255 

be  adopted,  ordered  engrossed  and  passed  to  third  reading  and  final 
passage,  as  amended  in  tlie  Coniniittee  of  the  Whole;  that  we  have  had 
under  consideration  Committee  Report  No.  5  9,  by  the  Committee  on 
Liquor  Traffic,  and  that  thereon,  as  well  as  upon  the  residue  of  the  mat- 
t(;rs  referred  to  us,  we  have  made  progress  and  ask  leave  to  sit  again. 

J.    H.    LANGLEY,    Chairman 

On  motion  of  Mr.   Edmondsun,  the  report  was  adopted. 

Mr.  Sandlin,  Chairman  of  the  Committee  o'n  Judicial  Apportionment, 
filed  Report  No.  62,  which  was  referred  to  the  Committee  of  the  Whole, 
and  ordered  printed. 

On  motion  of  Mr.  Hill,  the  Convention  took  recess  until  9:30 
Monda.v  morning,  March  4th,    1907. 

CONVKNTION  (HAMBEK. 
Morning  Session,  Monday,  Maicli  4,   1»07 — 9:30  A.  M. 

Convention  called   to  order;    President  Murray   in  the  chair. 

Invocation  by  Delegate  G.  M.  Tucker. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Allen,  Banks, 
Brewer,  Cochran,  Copeland,  Covey,  Fisher,  Harned,  Helton,  Herring, 
Hogg,  Hopkins,  Houston,  Hunt,  Leahy,  Littleton,  McClain,  Mathis,  Rogers 
Quarles  and  Stowe. 

Messrs.  Allen,  Brewer,  Cochran,  Copeland,  Fisher,  Covey,  Hopkins, 
Hogg,  Leahy,  Littleton,  Mathis  and  Rogers  had  previously  been  excused. 

Mr.  Murray  presented,  by  request.  Petition  No.  39  7,  being  a  resolu- 
tion of  the  German-American  Bund,  of  El  Reno,  Oklahoma,  signed  by 
Herman  Harms,  President,  and  August  Schroppe,  Secretary,  relating  to 
Local  Option, — referred  to  the  Committee  on  Liquor  Traffic. 

A  communication  from  Judge  Louis  Sulzbacher  to  Pi'esident  Murray 
was  read,  in  which  he  acknowledged  receipt  of  and  expressed  his  thanks 
for  a  copy  of  the  Rules  of  the  Convention. 

Committee  Report  No.  5,  by  the  Committee  on  Legislative  Depart- 
ment, entitled.  Initiative  and  Referendum,  was  placed  upon  third  reading 
and  final  passage.  The  roll  was  called  and  the  vote  for  the  adoption  of 
same  resulted  as  follows: 

Ayes,  81. 

Akers,  Alderson,  Baker,  Berry,  Bilby,  Board,  Bowers,  Bryant, 
Buchanan,  Carney,  Carr,  Caudill,  Chambers,  Cobb,  Dalton,  Dearing,  Edley, 
Edmondson,  Ellis,  Gardner,  Graham,  Hanraty,  Harrison  of  4  5,  Harrison 
of  88,  Haskell,  Hausam,  Hayos,  Hendricks,  Henshaw,  Hill,  Houston 
Hughes,  Humphrey,  J.ames,  Johnston,  Jones,  Kane,  King,  Langley, 
Lasater,  Latimer,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  McCance, 
Majors,  Maxey,  Messenger,  Mitch,  Moore,  Nelson,  Norton,  Parker,  Pitt- 
man,  Ramsey,  Rice,  Roberts,  Rose,  Sandlin,  Sater,  Savage,  Sorrells, 
Swarts,  Tosh,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3,  Wil- 


25«  JOURNAL  OF  CONSTITUTIONAL 

liams  of  97,  Williams  of  lOS,  Wood  of  S,  Wood  of  89,  Wyatt,  Wyly  and 
President  Murray. 

Nays,  5. 

Asp,  Cain,  Hudson,  Kornegay  and  McClure. 

Absent,  26. 

Allen,  Banks,  Brewer,  Cloud,  Cochran,  Copeland,  Covey,  Curl,  Fisher, 
Frye,  Ilarned,  Harris,  Helton,  Herring,  Hogg,  Hopkins,  Hunt,  Jenkins, 
Kelly,   Leahy,   Littleton,  McClain,   Mathis,  Quarles,   Rogers  and  Stowe. 

The  President  announced  the  vote  and  declared  that  Committee 
Report  No.  5,  Proposition  No.  4  4,  reported  by  the  Committee  on  Legis- 
lative Department,  and  entitled  the  Initiative  and  Referendum,  had,  1>y 
this  vote,  been  finally  adopted,  and  made  an  Article  on  the  Constitution 
of  the  proposed  State  of  Oklahoma. 

Mr.  Murray,  in  the  presence  of  the  Convention,  subscribed  an  an- 
grossed  copy  of  the  Article,  as  President  of  the  Convention. 

On  motion  of  Mr.  Haskell,  the  pen  with  which  was  signed  the  Articl-j 
of  the  Constitution,  entitled  the  Initiative  and  Referendum,  was  ordered 
to  be  transmitted  to  the  State  Farmers'  Union,  as  a  token  of  the  Con- 
vention's appreciation  of  the  Herculean  efforts  of  the  organization  in 
behalf  of  the  principles  of  the  Initiative  and  Referendum. 

Mr.  Haskell  presented,  by  request,  Petition  No.  398,  being  sugges- 
tions of  Dr.  S.  T.  Peet,  of  Paden,  I.  T.,  for  Provision  for  a  Credit  Clear- 
ance System, — referred  to  the  Committee  on  Manufactui'es  and  Com- 
merce. 

The  Calendar  was  called  and  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  for  further  consideration  of  General  Orders,  with 
Mr.  Langley  in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President  Mur- 
ray resumed  the  chair,  and  Mr.  Langley,  as  Chairman  of  the  Committee 
of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  62.  by  the 
Committee  on  .Judicial  Apportionment,  and  that  thereon  a?  well  as  upon 
the  residue  of  the  matters  referred  to  us,  we  have  made  progress  and  ask 
leave  to  sit  again. 

J.  H.  LANGLEY,   Chairman 

On  motion  of  Mr.  Alderson,  the  report  was  adopted. 

On  motion,  the  Convention  took  recess  until  1:45  p.  m. 

COXVENTION  CHAMBER. 
Afternoon  Session,  Monday,  IMarch  4,  1907 — 1 :  45  P.  M. 

Convention  called   to  order;    President  Murray  in  the  chair. 
The    Convention    resolved    itself   into    Committee    of   the   Whole,    fo/ 
further  consideration  of  General  Orders,  with  Mr.  Henshaw  in  the  chair. 


CONVENTION  OF  OKLAHOMA.  2  57 

After  consideration  of  matters  referred  to  it,  the  Committee  of  the 
Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Henshaw,  as 
Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  ot  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  62,  by  the 
Committee  on  Judicial  Apportionment,  and  recommend  that  same  be 
adopted,  ordered  engrossed  and  passed  to  third  reading  and  final  passage, 
as  amended  in  Committee  of  the  Whole;  that  we  have  had  under  consid- 
eration Committee  Report  No.  5  8,  by  the  Committee  on  Legislative  De- 
partment, and  recommend  that  action  upon  Section  15  thereof  be  deferred, 
that  Sections  7,  2  2  and  28  thereof  be  referred  to  a  Special  Committee, 
composed  of  Messrs.  Swarts,  Hayes,  Johnston  and  Williams  of  108;  we 
recommend  that  the  residue  of  said  report  be  adopted  as  amended  in 
the  Committee  of  the  Whole,  and  that  it  be  not  ordered  engrossed  until 
the  Sections  referred  to  said  Special  Committee  are  reported  back  and 
acted  upon  in  Committee  of  the  Whole,  and  until  action  is  taken  upon 
said  Section  15  by  your  Committee  of  the  Whole;  and  upon  the  residue 
of  the  matters  referred  to  us  we  have  made  progress  and  ask  leave  to  sit 

again. 

GEO.  A.  HENSHAW,  Chairman. 

On  motion  of  Mr.  Savage,  the  report  was  adopted. 
Mr.  Tenor,  Chairman  of  the  Committee  on  Convention  Accounts  and 
Expenses,  filed  report,  and  moved  its  adoption;   the  motion  prevailed  and 
the  motion  was  adopted  as  follows: 

Mr,  President:  We,  your  Committee  on  Convention  Accounts  and 
Expenses,  to  whom  was  referred  the  itemized  statement  of  the  Leader 
(Printing)  Company,  for  printing  done  for  the  Convention  up  to  and  in- 
cluding the  21st  day  of  December,  1906,  have  had  the  same  under  con- 
sideration; and  under  the  contract  of  the  8th  day  of  January,  1907,  and 
the  instructions  of  the  Convention  of  February  28,  1907,  as  to  the  inter- 
pretation of  contract,  find  the  said  account  to  be  correct  and  respectfully 
recommend  that  the  Convention  approve  the  same. 

Respectfully    submitted, 
H.  O.  TENOR, 
C.  W.  WOOD. 
J.  I.   WOOD, 
WM.    C.    LIEDTKE, 
J.  B.  TOSH, 
B.   E.  BRYANT, 
W.    S.    DEARING. 
The  Convention  took  leave  until  9:30  a.  m.,  Tuesday,  March  5,  1907. 


258  JOURNAL  OF  CONSTITUTIONAL 

CONVENTION  CHAMBEK. 
Moining  Session,  Tuesday,  March  5,  1907 — 9:30  A.  M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

Invocation  by   Delegate   Cobb,  of   67th   District. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Allen,  Banks, 
Brewer,  Cochran,  Copeland,  Covey,  Fisher,  Frye,  Harned,  Herring,  Hogg, 
Hopkins,  Leahy,  Littleton,  Mathis,  (.^uarles,  Rogers  and  Stowe. 

Messrs.  Allen,  Brewer,  Banks,  Cochran,  Copeland,  Fisher,  Covey, 
Hopkins,  Hogg,  Leahy,  Mathis,  Littleton,  Rogers  and  Stowe  had  previously 
been    excused. 

Dr.  Bilby  was  excused  from  sessions  of  March  6th  and  7th.  Mr. 
Tracy  was  excused  for  today  and  March  6th  and  7th.  Messrs.  Edley,  Hen- 
dricks, Humphreys  and  Kornegay  were  excused  for  the  week  beginning 
Monday,  March  11th.  Mr.  Majors  was  excused  for  March  6th.  Mr.  Leahy's 
leave  of  absence  on  February  2Sth,  March  1st  and  2nd. 

Mr.  Asp  introduced  Constitutional  Proposition  No.  438,  being  a  prop- 
osition for  an  Entire  Constitution.  Mr.  Kornegay  moved  that  the  propo- 
sition of  Mr.  Asp  be  printed.  On  motion  of  Mr.  Williams,  the  motion  of 
Mr.  Kornegay  was  laid  on  the  table. 

The  motion  to  print  having  provoked  discussion,  went  over  for  one 
day    under   the   rules. 

On  motion  of  Mr.  Kornegay,  the  report  of  the  Committee  on  Revision, 
Compilation,  Style  and  Arrangement  upon  Committee  Report  No.  4,  by 
the  Committee  on  Preamble  and  Bill  of  Rights,  was  taken  up,  considered, 
approved  as  amended  and  ordered  re-engrossed  and  placed  on  third 
reading. 

The   Convention    took   recess  until   1:45    p.    m. 

CONVENTION  CHAMBliH 
Afternoon  Session,  Tuesday,  Maicli  5,  1907 — 1:45  P.  M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

On  motion  of  Mr.  Sandlin,  the  Report  of  the  Committee  on  Revision, 
Compilation,  Style  and  Arrangement,  upon  Committee  Report  No.  3,  by 
the  Committee  on  Federal  Relations,  was  taken  up,  considered  and  ap- 
proved, and  ordered  re-engrossed,  as  amended  and  placed  on  third  read- 
ing. 

On  motion  of  Mr.  Henshaw,  the  report  of  the  Committee  on  Revision, 
Compilation.  Style  and  Arrangement,  upon  Committee  Report  No.  6,  by 
the  Committee  on  Geological  Survey,  was  taken  up,  considered,  approved, 
and  ordered  re-engrossed  as  amended,  and  placed  upon  third  reading. 

On  motion  of  Mr.  Hayes,  the  regular  order  of  business  was  suspended 
and  the  motion  to  have  printed  the  Proposition  by  Mr.  Asp,  No.  438, 
was  taken  up. 

Mr.  Haskell  announced  that  in  view  of  the  fact  that  there  were  not 


CONVENTION    OF    OKLAHOiViA.  2  5!) 

now  any  funds  available  for  Convention  i.rinting  of  its  other  necessary 
expenses,  he  would  offer,  on  behalf  of  the  New-State  Tribune,  to  print 
200  copies  of  Proposition  No.  4  38.  and  present  to  the  Convention  free  of 
charge.  Mr.  Pittman  moved  that  the  Convention  accept  the  very  mag- 
nanimous offer  of  Mr.  Haskell,  and  the  motion  prevailed. 

The  Calendar  was  called  ahd  the  Convention  resolved  Itself  into  Com- 
mittee of  the  Whole,  for  consideration  of  General  Orders,  with  Mr.  Hen- 
shaw  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Henshaw,  as 
Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We.  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  hkd  under  consideration  Committee  Report  No.  5  8.  by  the 
<:;ommittee  on  Legislative  Department,  and  recommend  that  same  be 
ao^-pted,  ordered  engrossed,  and  passed  to  third  reading  and  final  passage, 
as  amended  in  Committee  of  the  Whole;  that  we  have  had  under  consid- 
eration Committee  Report  No.  60,  by  the  Committee  on  Public  Debts  and 
Public  Works,  and  recommend  that  same  be  adopted,  ordered  engrossed 
and  passed  to  third  reading  and  final  passage,  as  amended  in  Committee 
of  the  Wljiole;  that  we  have  had  under  consideration  Committee  Report 
No.  51,  by  the  Committee  on  Education,  and  recommend  that  same  be 
adopted,  as  amended  in  Committee  of  the  W^iole;  and  further  recommend 
that  said  report  be  not  ordered  engrossed  until  action  is  taken  in  Com- 
mittee of  the  Whole  upon  a  motion  to  reconsider  the  vote  by  which  Sec- 
tion 6  thereof  is  recommended  for  adoption;  that  we  have  had  under  con- 
sideration report  of  the  Special  Legal  Advisory  committee  upon  Propo- 
sition No.  434,  by  Mr.  Murray,  and  recommend  that  same  be  adopted,  and 
ordered  engrossed  with  Committee  Report  No.  58,  by  the  Committee  on 
Legislative  Department,  and  passed  to  the  third  reading  and  final  passage 
with  said  report;  and  we  further  recommend  that  said  proposition  be 
ordered  printed  with  said  Committee  Report  No.  58,  as  recommended 
for  adoption,  in  the  report  of  the  Committee  on  Revision,  Compilation. 
Style  and  Arrangement;  and  upon  the  residue  of  the  matters  referred  to 
us.  we  have  made  progress  and  ask  leave  to  sit  again. 

G.  A.  HENSHAW.  Chairman. 

On  motion  of  Mr.  .lones,  the  report  was  adopted. 

Ml.  Williams  of  108,  Chairman  of  the  Committee  on  Railroads  and 
Public  Service  Corporations,  filed  Report  No.  63,  which  was  read,  referred 
to  the  Committee  of  the  Whole,  and  ordered  printed. 

The  Convention  took  recess  until  9:30  a.  m.,  Wednesday,  March  6. 
1907. 


•^60  JOURNAL  OP  CONSTITUTIONAL 

CONVENTION  CHAMBER. 
Morning  Session,  Wednesday,  March  C,  1007 — 9:30  A.  M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

Invocation  by  Delegate  Tucker,  of  the  5  5th  District. 

Roll  called;  a  quorum  present.  Absent:  Messrs.  Asp,  Bilby,  Banks, 
Bowers,  Copeland,  Covey,  Cochran,  Fisher,  Frye,  Harned,  Hopkins,  Leahy, 
Mathis,  Majors,  Newell,  Pittman,  Quarles,  Rice,  Rogers,  Sater,  Tracy  and 
Wood    of   8. 

Messrs.  Banks,  Cochran,  Copeland,  Bilby,  Fisher,  Covey,  Hopkins, 
Leahy,  Majors,  Mathis,  Rogers,  Sater,  Stowe  and  Tracy  had  previously 
been  excused.  Mr.  Bowers  was  excused  on  account  of  sickness  in  the 
family. 

Mr.  Newell  was  excused  on  account  of  sickness.  Mr.  Asp  was  excused 
on  account  of  business. 

Mr.  Sandlin  presented  Petition  No.  39  9,  relating  to  Election  of  Insur- 
ance Commissioner,  by  a  Vote  of  the  People, — referred  to  the  Committee 
on  Executive  Department. 

Mr.  Alderson,  Chairman  of  th^  Committee  on  Enrollment  and  En- 
grossment, filed  report  upon  Committee  Report  No.  4,  by  the  Committee 
on  Preamble  and  Bill  of  Rights,  being  a  re-engrossment  of  said  report  and 
entitled,  Bill  of  Rights.  The  same  was  placed  upon  third  reading  and 
final  passage.     The  vote  to  adopt  same  resulted  as  follows: 

Ayes,  85. 

Akers,  Allen,  Alderson,  Berry,  Board,  Brewer,  Bryant,  Buchanan. 
Cain,  Carney,  Carr,  Caudill,  Chambers,  Cobb,  Curl,  Dalton,  Dearing, 
Edley,  Edmondson,  Ellis,  Gardner,  Graham,  Hanraty,  Harris,  Harrison  of 
4  5,  Harrison  of  8  8,  Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Hen- 
shaw.  Herring,  Hill,  Hogg,  Heuston,  Hudson,  Humphrey,  James,  Jenkins, 
Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay,  Langley,  Lasater,  Latimer, 
Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McCance,  McClain, 
McClure,  Maxey,  Messenger,  Mitch.  Moore,  Nelson,  Norton,  Parker,  Ram- 
sey, Roberts,  Sandlin,  Sater,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tucker 
Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wills, 
Wood  of   89,   Wyatt,  Wyly  and  President  Murray. 

Nays,   0. 

Absent,  27. 

Asp,  Baker,  Banks,  Bilby,  Bowers,  Cloud,  Cochran,  Copeland,  Covey, 
Fisher,  Frye,  Harned,  Hopkins,  Hughes,  Hunt,  Leahy,  Majors,  Mathis, 
Newell,    Pittman,    Quarles,  Rice,  Rogers,  Rose,  Stowe,  Tracy  and  Wood  of  8. 

President  Murray  announced  the  result  of  the  vote  and  stated  that 
Committee  Report  No.  2  4,  by  the  Committee  on  Preamble  and  Bill  of 
Rights,  entitled,  Bill  of  Rights,  had  by  this  vote  been  finally  adopted  and 
made  an   article  of  the  Constitution  for  the  State  of  Oklahoma,  and  in 


CONVENTION   OF   OKLAHOMA.  261 

the  presence  of  the  Convention  he  subscribed  an  engrossed  copy  of  said 
Article,  as  President  of  the  Convention. 

On  motion  of  Mr.  Williams  of  108,  the  residue  of  the  report  of  the 
Committee  on  Revision,  Compilation,  Style  and  Arrangement  was  taken  up 
for  consideration. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement  upon  Committee  Reports  Nos.  10,  11,  12,  13,  14,  17  and  IS. 
by  the  Committee  on  Railroads  and  Public  Service  Corporations,  was 
considered  and  approved,  and  ordered  re-engrossed  and  placed  upon  its 
third  i-eading. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  20,  by  the  Committee  on 
Immigration,  was  considered,  adopted,  ordered  re-engrossed  as  amended, 
and  placed  upon  third  reading. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  21,  by  the  Committee  on  State 
Militia,  was  considered,  adopted,  and  ordered  engrossed  as  amended,  and 
placed  upon  third  reading. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  2  2,  by  the  Committee  on  Im- 
peachment and  Removal  from  Office,  was  considered,  adopted  and  ordered 
re-engrossed  and  placed  upon  its  third  reading  as  amended. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  2  6,  by  the  Committee  on 
Mines  and  Mining,  Oil  and  Gas,  was  considered,  adopted,  ordered  en- 
grossed as  amended,  and  placed  upon  its  third  reading. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  27,  by  the  Committee  on 
General  Provisions,  was  considered,  adopted,  and  ordered  re-engrossed  as 
amended,  and  placed  upon  its  third  reading. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  28,  by  the  Committee  on  Gen- 
eral Provisions,  was  considered,  adopted,  ordered  re-engrossed  as  amended 
grossed,  as  amended,  and  placed  upon  its  third  reading. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  30,  by  the  Committee  on  Pub- 
lic Roads  and  Highways,  was  considered,  adopted,  and  ordered  re-en- 
grossed, and  placed  upon  its  third  reading. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  33,  by  the  Committee  on 
Suffrage,  was  considered,  adopted,  and  ordered  re-engrossed  as  amended, 
and   placed  upon  its  third   reading. 

The  report  of  the  Committee  on  Revision,  Compilation.  Style  and 
Arrangement,  upon  Committee  Report  No.  34,  by  the  Committee  on  Pub- 


262  JOURNAL  OF  CONSTITUTIONAL 

lie  Health  and  Sanitation  and  the  Practice  of  Medicine  and  Pharmacy, 
was  considered,  adopted,  and  ordered  re-engrossed  ab  amenaed,  and 
placed  upon  its  third  reading. 

On   motion,   the  Convention  took  recess  until    1:45   p.   m. 

COxWENTIOX  CHAMBER. 
Afternoon  Session,  Wednesday,  March  6,  1907 — 1:45  P.  M. 

Convention  called   to  order;    President  Murray  in  the  chair. 

The  Calendar  was  called,  and  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  consideration  of  General  Orders,  with  Mr. 
Hayes  in  the  chair. 

After  consideration  of  the  matters  I'eferred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Hayes,  as 
Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  59,  by  the 
Committee  on  Liquor  Traffic,  and  recommend  that  action  thereon  be  de- 
ferred; that  we  have  had  under  consideration  Committee  Report  No.  4  8, 
supplemental,  by  the  Committee  on  Revenue  and  Taxation,  and  that  there- 
on we  have  made  progress;  that  we  have  had  under  consideration  Com- 
mittee Report  No.  51,  by  the  Committee  on  Education,  and  recommend 
that  same  be  adopted,  ordered  engrossed,  and  passed  to  third  reading 
and  final  passage,  as  amended  in  Committee  of  the  Whole;  that  we  have 
had  under  consideration  Committee  Report  No.  61,  by  the  Committee  on 
Salaries  and  Compensation  of  Public  Officers,  and  recommend  that  Sec- 
tion 1  thereof  be  adopted,  ordered  engi'ossed,  and  passed  to  third  read- 
ing and  final  passage,  as  amended  in  Committee  of  the  Whole,  and  we 
further  recommend  that  Section  2  of  said  report  be  referred  to  the 
Committee  on  Judiciary  and  Judicial  Department,  to  be  reported  back 
and  acted  upon  in  Committee  of  the  Whole  with  Committee  Report  No. 
25;  and  that  we  have  had  under  consideration  Committee  Report  No.  63, 
by  the  Committee  on  Railroads  and  Public  Service  Corporations,  and  that 
thereon  as  well  as  upon  the  residue  of  the  matters  referred  to  us,  we 
have  made  progress  and  ask  leave  to  sit  again. 

S.    W.    HAYES,    Chairman. 

On   motion,   the   report  was  adopted. 

Mr.  Littlejohn,  Chairman  of  the  Committee  on  Manufactures  and 
Commerce,  filed  Report  No.  64,  wliich  was  referred  to  the  Committee  of 
the  Whole,  and  ordered  printed. 

Mr.  Dalton,  for  the  Committee  on  Suffrage,  filed  Report  No.  33,  sup- 
plemental, which  was  referred  to  the  Committee  of  the  Whole,  and 
ordered  printed. 


CONVlilNTlON    OF    OKLAHOMA.  263 

The  Coiiveutiun  took  recess  until  9:30  a.  m.,  Thursday,  March  7th, 
1907. 

CO N V E NTIO N  (HAM Bi: li . 
Moiiiiug   Session,    Thursday,    Miurh   7,    1907 — 9:;i0    A.    iM. 

The  Convention  was  called  to  order;    President  Murray  in  the  chair. 

Roll  called;   a  quorum  present 

Invocation   by   Rev.   Nichols,   of   Guthrie. 

Absent:  Messrs.  Balnks,  Bowers,  Copeland,  Covey,  Harned,  Hopkins, 
Mathis,  Newell,  Stowe  and  Tracy. 

Messrs.  Banks,  Bowers,  Cochran,  Copeland,  Covey,  Harned,  Hopkins, 
Mathis,  Newell,  Stowe  and  Tracy   had   previously  been  excused. 

Mr.  Rice  was  excused  for  absence  on  Wednesday,  March  6th. 

Committee  Report  No.  21,  entitled,  State  Militia,  was  placed  upon 
its  third  reading  for  final  adoption.  The  roll  was  called,  and  the  vote  to 
adopt  same  resulted  as  follows: 

Ayes,  93. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Cain,  Carney,  Carr,  Caudill,  Chambers,  Cloud.  Curl, 
Dalton,  Hearing,  Edley,  Edmondson,  Ellis,  Fisher,  Gai'dner,  Graham, 
Harris,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Helton, 
Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Houston,  Hughes,  Humphrey, 
Hunt,  .lames,  Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay,  Langley, 
Lasater,  Laiimer,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Lit- 
tleton, McCance,  McClure,  McClain,  Majors,  Maxey,  Messenger.  Mitch, 
Moore,  Nelson,  Norton,  Parker,  PiLtman,  Quarles,  Ramsey,  Rice,  Roberts, 
Rogers,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tucker,  Turner, 
Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wills,  Wood  of 
89,  Wyatt,  Wyly  and   President  Murray. 

Nays,  0.  , 

Absent,  19, 

Banks,  Bowers,  Cobb,  Cochran,  Copeland,  Covey,  Frye,  Hanraty, 
Harned,  Hopkins,  Hudson,  Jenkins,  Mathis,  Newell,  Rose,  Safer,  Stowe, 
Tracy  and  Wood  of  8. 

President  Murray  announced  the  result  of  the  vote,  and  stated  that 
Committee  Report  No.  21,  entitled.  State  Militia,  had  by  this  vote  been 
finally  adopted,  and  made  a  part  of  the  Constitution  of  the  proposed 
State  of  Oklahoma;  and  in  the  presence  of  the  Convention,  he  subscribed 
an  engrossed  copy   of  said   report,   as   President  of  the  Convention. 

Committee  Report  No.   27,  entitled.  Oath  of  Office,  was  placed  upon 
its  third  reading. for  final   adoption.      The  roll   was  called,   and   the  vote 
to    adopt   same   resulted    as    follows: 
Ayes,   92. 


<J64  JOURNAL  OF  CONSTITUTIONAL 

Akers,  Allen,  Alderson,  Asp,  Baker,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Cain,  Carney,  Carr,  Caudlll,  Chambers,  Cloud,  Curl, 
Dalton,  Bearing,  Edley,  Edmondson,  Ellis,  Fisher,  Gardner,  Graham, 
Harris,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hayes,  Helton,  Hen- 
dricks, Henshaw,  Herring,  Hill,  Hogg,  Heuston,  Hudson,  Hughes,  Hum- 
phrey, Hunt,  James,  Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay, 
Langley,  Lasater,  Latimer,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Little- 
john,  Littleton,  McCance,  McClain,  McClure,  Majors,  Messenger,  Mitch, 
Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Rogers, 
Roberts,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tucker,  Turner,. 
Weaver,  Williams  of  3,  Williams  of  98,  Williams  of  108,  Wills,  Wo'od 
of  89,  Wyatt,  Wyly  and  President  Murray. 
Nays,  0. 
Absent,   20. 

Banks,  Bowers,  Cobb,  Cochran,  Copeiand,  Covey,  Frye,  Hanraty, 
Harned,  Hausam,  Hopkins,  Jenkins,  Maxey,  Newell,  Rose,  Sater,  Stowe, 
Tracy  and  Wood  of  8. 

President  Murray  announced  the  result  of  the  vote,  and  stated  that 
Committee  Report  No.  27,  entitled,  Oath  of  Office,  had  by  this  vote  been 
finally  adopted,  and  made  a  part  of  the  Constitution  of  the  proposed 
State  of  Oklahoma;  and  in  the  presence  of  the  Convention,  he  subscribed 
an  engrossed  copy  of  said  report,  as  President  of  the  Convention. 

Committee    Report    No.    3,    entitled.    Federal    Relations,    was    placed 
upon  its  third  reading  for  final  adoption.     The  roll  was  called,  and  the 
vote  to  adopt  same  resulted  as  follows: 
Ayes,  95. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Cain,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Curl, 
Dalton,  Bearing,  Edley,  Edmondson,  Ellis,  Fisher,  Gardner,  Graham, 
Hanraty,  Harris,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes, 
Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Houston,  Hudson, 
Hughes,  Humphrey,  bunt,  James,  Johnston,  Jones,  Kane,  Kelly,  King, 
Kornegay,  Langley,  Lasater,  Latimer,  Leahy,  Lee,  Leeper,  Ledbetter. 
Liedtke,  Littlejohn,  Littleton,  McCance,  McClain,  McClure,  Majors,  Maxey, 
Messenger,  Mitch,  Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ram- 
sey, Rice,  Roberts,  Rogers,  Sandlin,  Savage,  borrells,  Swarts,  Tosh, 
Tenor,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams 
of  108,  Wills,  Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 
Nays,  0. 
Absent,  17. 

Banks,  Bowers,  Cobb,  Cochran,  Copeiand,  Covey,    Frye,  Harned,    Hop- 
kins, Jenkins,  Mathis,  Newell,  Rose,  Sater,  Stowe,  Tracy  and  Wood  of  8. 
President  Murray  announced  the  result  of  the  vote,  and  stated  that 
Committee   Report  No.    3,   entitled.   Federal   Relations,   had  by   this  vote 


CONVENTION   OF   OKLAHOMA.  2«i& 

been  finally  adopted,  and  made  a  part  of  the  Constitution  of  tlie  pro- 
posed State  of  Oklahoma;  and  in  the  presence  of  the  Convention,  he  sub- 
scribed an  engrossed  copy  of  said  report,  as  President  of  the  Convention. 
On  motion  of  Mr.  Hayes,  the  pen  with  which  the  President  had 
subscribed  the  provision  entitled,  Federal  Relations,  was  presented  to 
Mr.  Moore,  as  a  token  of  appreciation  of  his  valuable  service  as  Chair- 
man of  the  Committee  on  Federal  Relations. 

Committee  Report  No.  20,  entitled,  Immigration,  was  placed  upon  its 
third   reading  for  final  adoption.      The   roll  was  called,  and  the  vote  to 
adopt  same  resulted  as  follows: 
Ayes,   89. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Cain,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Curl, 
Dalton,  Bearing,  Ediey,  Edmondson,  Ellis,  Fisher,  Gardner,  GrahaiTi, 
Harris,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Hen- 
shaw.  Herring,  Hill,  Hogg,  Heuston,  Humphrey,  Hunt.  James,  Jones. 
Johnston,  Kane,  Kelly,  King,  Kornegay,  Langley,  Lasater,  Latimer,  Leahy, 
Lee,  Leeper,  Ledbetter,  Liedtke,  Littiejohn,  Littleton,  McCance,  McClain, 
McClure,  Majors,  Maxey,  Messenger,  Mitch,  Moore,  Nelson,  Norton, 
Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Savage,  Sor- 
rells,  Swarts,  Tosh,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of 
97,  Williams  of  108,  Wills,  Wood  of  89,  Wyatt,  Wyly  and  President  Mur- 
ray. 

Nays,   0. 
Absent,  23. 

Banks,  Bowers,  Cobb,  Cochran,  Copeland,  Covey,  Frye,  Hanraty, 
Harned,  Harrison  of  45,  Hopkins,  Hudson,  Hughes,  Jenkins,  Mathis, 
Newell,  Rose,  Sandlin,  Safer,  Stowe,  Tenor,  Tracy  and  Wood  of  8. 

President  Murray  announced  the  result  of  the  vote,  and  stated  that 
Committee  Report  No.  3,  entitled.  Immigration,  had  by  this  vote  been 
finally  adopted,  and  made  a  part  of  the  Constitution  of  the  proposed 
State  of  Oklahoma;  and  in  the  presence  of  the  Convention,  he  subscribed 
an  engrossed  copy  of  said  report,  as  President  of  the  Convention. 

Committee  Report  No.   22,  entitled.  Impeachment,  was  placed  upon 
its  third  reading  for  final  adoption.     The  roll  was  called,  and  the  vote  to 
adopt  same  resulted  as  follows: 
Ayes,  95. 

Akers,  Alderson,  Allen,  Asp,  Baker,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Cain,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Curl, 
Dalton,  Bearing,  Edley,  Edmondson,  Ellis,  Fisher.  Gardner,  Graham, 
Harris,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Helton, 
Hendricks.  Henshaw,  Herring,  Hill.  Hogg.  Houston.  Hudson,  Hughes, 
Humphrey,  Hunt.  James,  Jenkins,  Johnston,  Jones,  Kane,  Kelly,  King, 
Kornegay,    Langley,    Lasater,    Latimer,    Leahy,    Lee,    Leeper,    Ledbetter, 


266  JOURNAL  OF  CONSTITUTIONAL 

Liedtke,  Littlejohn,  Littleton,  McCance,  McClain,  McClure,  Majors,  Maxey, 
Messenger,  Mitch,  Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles, 
Ramsey,  Rice,  Roberts,  Rogers,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh, 
Tenor,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  10 S,  Wills, 
Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 

Nays,  0. 

Absent,  17. 

Banks,  Bowers,  Cobb,  Cochran,  Copeland,  Covey,  Frye,  Hanraty, 
Harned,  Hopkins,  Mathis,  Newell,  Ross,  Sater,  Stowe,  Tracy  and  Wood 
of  8. 

President  Murray  announced  the  result  of  the  vote,  and  stated  that 
Committee  Report  No.  2  2,  entitled.  Impeachment,  had  by  this  vote  been 
finally  adopted,  and  made  a  part  of  the  Constitution  of  the  proposed 
State  of  Oklahoma;  and  in  the  presence  of  the  Convention,  he  subscribed 
an  engrossed  copy  of  said  report,  as  President  of  the  Convention. 

Committee  Report  No.  30,  entitled.  Public  Roads,  Highways  and  In- 
ternal Improvements,  was  placed  upon  its  third  reading  for  final  adop- 
tion. The  roll  was  called,  and  the  vote  to  adopt  same  resulted  as  fol- 
lows: 

Ayes,  94. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Cain,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Curl, 
Dalton,  Bearing,  Edley,  Edmondson,  Ellis,  Fisher,  Gardner,  Graham, 
Harris,  Harrison  of  4  5,  Harrisor  of  8  8,  Haskell,  Hausam,  Hayes,  Helton, 
Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Houston,  Hudson,  Hughes, 
Humphrey,  Hunt,  James,  Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay, 
Langley,  Lasater,  Latimer,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Lit- 
tlejohn, McCance,  McClain,  McClure,  Majors,  Maxey,  Messenger,  Mitch, 
Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts. 
Rogers,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tucker,  Turner, 
Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wills,  Wood  of 
89,  Wyatt,  Wyly  and  President  Murray. 

Nays,  0. 

Absent,  18. 

Banks,  Bowers,  Cobb,  Cochran,  Copeland,  Covey,  Frye,  Hanraty, 
Harned,  Hopkins,  Jenkins,  Mathis,  Newell,  Rose,  Sater,  Stowe,  Tracy  and 
Wood  of  S. 

President  Murray  announced  the  result  of  the  vote,  and  stated  that 
Committee  Report  No.  30,  entitled.  Public  Roads,  Highways  and  Internal 
Improvements,  had  by  this  vote  been  finally  adopted,  and  made  a  part 
of  the  Constitution  of  the  proposed  State  of  Oklahoma;  and  in  the  pres- 
ence of  the  Convention,  he  subscribed  an  engrossed  copy  of  said  report,  as 
President  of  the  Convention. 

Committee  Report  No.  2  8,  entitled.  State  Commissioner  of  Charities, 


CONVENTION  OF  OKLAHOMA.  2  67 

was  placed  upon  its  third  reading  for  final  adoption.     The  roll  was  called 
and  the  vote  to  adopt  same  resulted  as  follows: 

Ayes,  93. 
■  Akers,  Allen,  Alderson,  Asp,  Baker,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Cain,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Curl, 
Dalton.  Dearing,  Edley,  Edmondson,  Ellis,  Fisher,  Gardner,  Graham, 
Harris,  Harrison  of  4tj,  Harrison  of  SS,  Haskell,  Hausam,  Hayes,  Helton, 
Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Heuston,  Hudson,  Hughes, 
Humphrey,  Hunt,  James,  .Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay, 
Laiigley,  Lasater,  Latimer,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Lit- 
tlejohn,  Littleton,  McCance,  McClain,  McClure,  IVIajors,  Maxey,  Messenger, 
Mitch,  Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice, 
Roberts,  Rogers,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tucker, 
Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wills, 
Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 

Nays,  0. 

Absent,  23. 

Banks,  Bowers,  Cobb,  Cochran,  Coi)eland,  Covey,  Frye,  Hanraty, 
Harned,  Hopkins,  Jenkins,  Mathis,  Newell,  Rose,  Sater,  Stowe,  Tracy  and 
Wood  of  8. 

President  Murray  announced  the  result  of  the  vote,  and  stated  that 
Committee  Report  No.  2S,  entitled.  State  Commissioner  of  Charities,  had 
by  this  vote  been  finally  ado])ted,  and  made  a  part  of  the  Constitution  of 
the  proposed  State  of  Oklahoma;  and  in  the  presence  of  the  Convention, 
he  subscribed  an  engrossed  copy  of  said  report,  as  President  of  the  Con- 
vention. 

On  motion  of  Mr.  Haskell,  the  pen  with  which  the  President  sub- 
scribed the  provision  entitled,  State  Commissioner  of  Charities,  was 
ordered  to  be  transmitted  to  Miss  Kate  Barnard,  as  a  token  of  apprecia- 
tion of  her  efforts  in  behalf  of  proper  provisions  for  charitable  institu- 
tions. 

Committee  Report  No.  6,  entitled.  Geological  Survey,  was  placed 
upon  its  third  reading  for  final  adoption.  The  roll  was  called  and  the 
vote  to  adopt  same  resulted  as  follows: 

Ayes,  90. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Cain,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Curl. 
Dalton,  Dearing,  Edley,  Edmondson,  Ellis,  Fisher,  Gardner,  Graham. 
Harris,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Hen- 
shaw, Herring,  Hill,  Hogg,  Heuston,  Humphrey.  Hunt,  James,  Jones. 
Johnston,  Kane,  Kelly,  King,  Kornegay,  Langley,  Lasater,  Latimer,  Leahy, 
Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McCance,  McClain, 
McClure,  Majors,  Maxey,  Messenger,  Mitch,  Moore,  Nelson,  Norton, 
Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin, 


268  JOURNAL  OF  CONSTITUTIONAL 

Savage,  Sorrells,  Swarts,  Tosh,  Tucker,  Turner,  Williams  of  3,  Williams 
of  97,  Williams  of  108,  Wills,  Wood  of  89,  W^yatt,  Wyly  and  President 
Murray. 

Nays,  0. 

Absent,    22. 

Banks,  Bowers,  Cobb,  Cochran,  Copeland,  Covey,  Frye,  Hanraty, 
Harned,  Harrison  of  45,  Hopkins,  Hudson,  Hughes,  Jenkins,  Mathis, 
Newell,  Sater,  Tenor,  Tracy,  Weaver  and  Wood  of  8. 

President  Murray  announced  the  result  of  the  vote,  and  stated  that 
Committee  Report  No.  6,  entitled,  Geological  Survey,  had  by  this  vote 
been  finally  adopted  and  made  a  part  of  the  Constitution  for  the  pro- 
posed State  of  Oklahoma;  and  in  the  presence  of  the  Convention,  he  sub- 
scribed the  engrossed  copy  of  said  report,  as  President  of  the  Conven- 
tion. 

On  motion,  the  pen  with  which  the  President  subscribed  the  provi- 
sion, entitled.  Geological  Survey,  was  presented  to  Hon.  W.  J.  Caudill,  as 
a  token  of  the  Convention's  very  high  regard  for  him,  and  of  its  appre- 
ciation of  his  faithful,  untiring  and  efficient  services  as  Chairman  of  the 
Committee  on  Geological  Survey,  in  reporting  wise  provisions  upon  that 
subject. 

Committee  Report  No.  33,  entitled,  Suffrage,  was  placed  upon  its 
third  reading  for  final  adoption. 

The  roll  was  called  and  the  vote  to  adopt  same  resulted  as  follows: 

Ayes,  77. 

Akers,  Allen,  Alderson,  Baker,  Berry,  Bilby,  Board,  Brewer,  Bryant, 
Buchanan,  Carney,  Carr,  Caudill,  Chambers,  Dalton,  Edley,  Edmondson, 
Ellis,  Gardner,  Fisher,  Graham,  Harrison  of  45,  Harrison  of  88,  Haskell, 
Hausam,  Hayes,  Henshaw,  Herring,  Hill,  Hogg,  Hughes,  Humphrey,  Hunt, 
James,  Jones,  Kane,  King,  Kornegay,  Langley,  Lasater,  Leahy,  Lee," 
Leeper,  Ledbetter,  Littlejohn,  Liedtke,  Littleton,  McCance,  McClain, 
Maxey,  Messenger,  Mitch,  Moore,  Nelson,  Parker,  Pittman,  Ramsey,  Rice, 
Roberts,  Rogers,  Sandlin,  Savage,  Tosh,  Swarts,  Tenor,  Tucker,  Turner, 
Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wills,  Wood  of 
89,  Wyatt,  Wyly  and  President  Murray. 

Nays,  17. 

Asp,  Cloud,  Curl,  Bearing,  Harris,  Helton,  Hendricks,  Houston, 
Hudson,  Johnston,  Latimer,  McClure,  Majors,  Norton,  Quarles  and  Sor- 
rells. 

Absent,    18. 

Banks,  Bowers,  Cobb,  Cochran,  Copeland,  Covey,  Frye,  Hanraty, 
Harned,  Hopkins,  Jenkins,  Mathis,  Newell,  Rose,  Sater,  Tracy  and  Wood 
of  8. 

President  Murray  announced  the  result  of  the  vote  and  stated  that 
Committee  Report  No.  33,  entitled,  Suffrage,  had  by  this  vote  been  finally 


CONVENTION   OF   OKF.AHOMA.  269 

adopted  and  made  a  part  of  the  Constiliition  lor  the  proi)Osed  State  of 
Oklahoma;  and  in  the  presence  of  the  Convention,  he  subscribed  the  en- 
grossed copy  of  said  report,  as  President  of  the  Convention. 

On  motion  of  Mr.  Asp,  the  pen  with  which  the  President  subscribed 
the  provision  entitled.  Suffrage,  was  presented  to  Mr.  Henshaw,  as  a 
token  of  appreciation  of  the  members  of  the  Convention  for  his  valuable 
services  as  Chairman  of  the  Committee  on  Suffrage. 

Committee  Report  No.  26,  entitled,  Mines  and  Mining,  Oil  and  Gas, 
was  placed  upon  third  reading  for  final  adoption;  the  roll  was  called  and 
the  vote  to  adopt  same  resulted  as  follows: 

Ayes,  94. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Cain,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Curl, 
Dalton,  Bearing,  Edley,  Edmondson.  Ellis,  Fisher,  Gardner,  Graham, 
Harris,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Helton, 
Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Heuston,  Hudson,  Hughes, 
Humphrey,  Hunt,  James,  Jenkins,  Johnston,  Jones,  Kane,  Kelly,  King, 
Kornegay,  Langley,  Lasater,  Latimer,  Leahy,  Lee,  Ledbetter,  Liedtke, 
Littlejohn,  Littleton,  McCance,  McClain,  McClure,  Majors,  Maxey,  Mes- 
senger, Mitch,  Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey, 
Rice,  Roberts,  Rogers,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor, 
Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108, 
Wills,  Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 

Nays,  0. 

Absent,  18. 

Banks,  Bowers,  Cobb,  Cochran,  Copeland,  Covey,  Frye,  Hanraty, 
Ilarned,  Hopkins,  Leeper,  Mathis,  Newell,  Rose,  Sater,  Stowe,  Tracy  and 
Wood  of  8. 

President  Murray  announced  the  result  of  the  vote  and  stated  that 
Committee  Report  No.  2  6,  had,  by  this  vote,  been  finally  adopted  and 
made  a  part  of  the  Constitution  for  the  proposed  State  of  Oklahoma; 
and  in  the  presence  of  the  Convention,  he  subscribed  an  engrossed  copy 
of  said  report,  as  President  of  the  Convention. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  38,  by  the  Committee  on 
Salaries  and  Compensation  of  Public  Officers,  was  considered,  adopted 
and  ordered  re-engrossed  as  amended,  and  placed  upon  its  third  reading. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  40,  by  the  Committee  on 
Public  Printing,  was  considered,  adopted  and  ordered  re-engrossed  and 
placed  upon  its  third  reading. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  '41,  by  the  Committee  on 
Banks  and  Banking,  Loan,  Trust  and  Guaranty  Companies,  was  consid- 


2  70  JOURNAL  OF  CONSTITUTIONAL 

ored.  Mr.  Williams  of  lOS,  offered  an  amendment  to  Section  3  thereof, 
and  moved  its  adoption,  on  which  a  roll  call  was  demanded,  and  the  vote 
upon  the  adoption  of  same  resulted  as  follows: 

Ayes,   27. 

Buchanan,  Chambers,  Dalton,  Gardner,  Harris,  Hausam,  Hughes, 
Johnston,  Jones.,  Kane,  Kelly,  King,  Littlejohn,  McClain,  Mitch,  Parker, 
Savage,  Tenor,  Weaver,  Williams  of  3,  Williams  of  108,  Wills,  Wyatt  and 
President  Murray. 

Nays,  54. 

Akers,  Allen,  Alderson,  Asp,  Bilby,  Board,  Brewer,  Bryant,  Cain, 
Cloud,  Curl,  Bearing,  Edley,  Ellis,  Fisher,  Graham,  Harrison  of  45,  Har- 
rison of  88,  Haskell,  Hayes,  Helton,  Henshaw,  Hill,  Hogg,  Heuston, 
Humphrey,  Hunt,  James,  Kornegay,  Langley,  Lasater,  Latimer,  Leeper, 
Lee,  Ledbetter,  Liedtke,  Littleton,  McCance,  Majors,  Maxey,  Messenger, 
Moore,  Quarles,  Ramsey,  Rice,  Roberts,  Sorrells,  Swarts,  Tucker,  Wil- 
liams of  97,  Wood  of  89,  and   Wyly. 

Absent,    31. 

Baker,  Banks,  Berry,  Bowers,  Carney,  Carr,  Caudill,  Cobb,  Cochran, 
Copeland,  Covey,  Edmondson,  Frye,  Hanraty,  Harned,  Hopkins,  Hudson, 
Jenkins,  McClure,  Mathis,  Nelson,  Newell,  Pittman,  Rogers,  Rose,  Sand- 
lin,  Sater,  Stowe,  Turner  and  Wood  of  8. 

The  President  announced  the  result  of  the  vote  and  that  the  motion 
to    amend   was   lost. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  4  4,  by  the  Committee  on 
County  and  Township  Organization  and  Government,  was  considered, 
adopted  and  placed  upon  its  third  reading,  as  amended. 

The  Calendar  was  called  and  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  for  the  consideration  of  General  Orders,  with  Mr. 
Henshaw  in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President 
Murray  resumed  the  chair,  and  Mr.  Henshaw,  as  Chairman  of  the  Com- 
mittee of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  4  5,  recom- 
mitted, by  the  Committee  on  Insurance,  and  recommend  that  Section  2 
thereof  be  re-referred  to  the  Committee  on  Insurance,  with  instructions 
to  redraft,  providing  that  office  of  Commissioner  of  Insurance  be  elective, 
and  we  recommend  that  the  residue  of  said  report  be  adopted  and  that 
it  be  not  ordered  engrossed  until  said  Section  2  is  reported  back  and 
acted  upon  in  Committee  of  the  Whole;  that  we  have  had  under  consid- 
eration Committee  Report  No.  5  3,  by  the  Committee  on  Municipal  Cor- 
porations, and  recommend  that  same  be  adopted,  ordered  engrossed  and 


CONVENTION   OF   OKLAHOMA.  271 

passed  to  third  reading  and  final  passage,  as  amended  in  tlie  Committe-3 
of   the  Whole. 

GEORGE  A.  HENSHAW,  Chairman. 

On  motion,  the  report  was  adopted. 

Mr.  Harrison  of  4  5,  introduced  Constitutional  Proposition  No.  4  4  0, 
providing  for  the  Correction  of  Boundary  Lines  Between  Beckham  and 
Roger  Mills  Counties, — read,  read  a  second  time  by  title  and  referred 
to  the  Committee  on  Counties  and  County  Boundaries. 

On  motion,  the  Convention  took  recess  until  1:30  p.  m. 

CONVENTION  (  HAMIiEIf. 
Afternoon  Session,  Thursday,  Mareli  7,  1007 — 1:80  1*.  >I. 

The  Convention  was  called  to  order;   President  Murray  in  the  chair. 

Mr.  Ledbetter,  Chairman  of  the  Committee  on  Judiciary  and  Judicial 
Department,  filed  Report  No.  65,  which  was  read,  referred  to  the  Com- 
mittee of  the  Whole,  and  ordered  printed. 

Mr.  Akers  was  excused  for  the  rest  of  the  week. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  further  consideration  of  General  Orders,  with  Mr.  Langley  in 
the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Langley. 
as  Chairman  of  the  Committee  of  the  Whole,   reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  61,  the 
same  being  a  subdivision  of  Committee  Report  No.  4  8,  supplemental,  b> 
the  Committee  on  Revenue  and  Taxation,  and  we  recommend  that  Report 
No.  48,  supplemental,  with  subdivision  Committee  Report  No.  61,  be 
adopted,  ordered  engrossed  and  passed  to  third  reading  and  final  passage, 
as  amended  in  Committee  of  the  Whole;  that  we  have  had  under  con- 
sideration Committee  Report  No.  25,  by  the  Committee  on  Judiciary  and 
Judicial  Department,  which  was  this  day  advanced,  be  adopted,  ordered 
engrossed  and  passed  to  third  reading  and  final  passage,  as  amended  in 
Committee  of  the  Whole;  that  we  have  had  under  consideration  Com- 
mittee Report  No.  61,  by  the  Committee  on  Salaries  and  Compensation  of 
Public  Officers,  and  recommend  that  same  be  adopted,  ordered  engross44 
and  passed  to  third  reading  and  final  passage,  as  amended  in  Committee 
of  the  Whole;  that  we  have  had  under  consideration  Committee  Report 
No.  64,  by  the  Committee  on  Manufactures  and  Commerce,  and  recom- 
mend that  same  be  re-referred  to  the  Special  Legal  Advisory  Committee, 
to  be  reported  back  by  Saturday  morning,  March  9th;  that  we  have  had 
under  consideration  Committee  Report  No.  33,  supplemental,  by  the 
Committee  on  Suffrage,  and  recommend  that  same  be  laid  on  the  table; 


272  JOURNAL  OF  CONSTITUTIONAL 

that  we  have  had  under  consideration  Committee  Report  No.  63,  by  the 
Committee  on  Railroads  and  Public  Service  Corporations  and  recom- 
mend the  adoption  of  Sections  1  and  2  thereof,  and  that  action  upon  the 
proposed  amendment  by  Mr.  Kane,  be  deferred  until  Friday,  March  8th, 
aiid  upon  the  residue  of  the  matters  referred  to  us,  we  have  made 
progress  and  ask  leave  to  sit  again. 

J.  H.  LANGLEY,  Chairman. 

On   motion,   the  report  was   adopted. 

Committee  Report  No.  34,  entitled,  Public  Health  and  Sanitation, 
was  placed  upon  third  reading  for  final  adoption;  the  roll  was  called  and 
the  vote  to  adopt  same  resulted  as  follows: 

Ayes,    89. 

Akers,  Allen,  Alderson,  Baker,  Berry,  Bilby,  Board,  Bryant,  Brewer 
Cain,  Carney,  Carr,  Caudill,  Chambers,  Curl,  Dalton,  Bearing,  Edley, 
Ellis,  Edmondson,  Fisher,  P'rye,  Gardner,  Graham,  Hanraty,  Harrison 
of  S8,  Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Hill,  Hogg, 
Heuston,  Hughes,  Humphrey,  Hunt,  James,  Jenkins,  Johnston,  Jones, 
Kane,  King,  Kornegay,  Langley,  Lasater,  Latimer,  Leahy,  Lee,  Leeper, 
Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McCance,  McClain,  Majors, 
Maxey,  Messenger,  Mitch,  Moore,  Nelson,  Norton,  Parker,  Pittman, 
Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Sandlin,  Savage,  Sorrells, 
Swarts,  Tosh,  Tenor,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams 
of  97,  Williams  of  lOS,  Wills,  Wood  of  89,  Wyatt,  Wyly  and  President 
Murray. 

Nays,  0. 

Absent,  23. 

Asp,  Banks,  Bowers,  Buchanan.  Cloud,  Cobb,  Cochran,  Copeland, 
Covey,  Harned,  Harris,  Harrison  of  4  5,  Herring,  Hopkins,  Hudson,  Mc- 
Clure,  Mathis,  Newell,  Rose,  Sater,  Stowe,  Tracy  and  Wood  of   8. 

President  Murray  announced  the  result  of  the  vote  and  stated  that 
Committee  Report  No.  34,  entitled.  Public  Health  and  Sanitation,  had 
by  this  vote. been  finally  adopted  and  made  a  part  of  the  Constitution  for 
the  proposed  State  of  Oklahoma;  and  in  the  presence  of  the  Convention 
he  subscribed  the  engrossed  copy  of  same,  as  President  of  the  Conven- 
tion. 

Committee  Report  No.  11,  entitled.  Public  Service  Corporations,  was 
placed  upon  its  third  reading  for  final  adoption.  The  roll  was  called  and 
the  vote  to   adopt  same   resulted   as    follows: 

Ayes,  86. 

Akers.  Allen,  Alderson,  Baker,  Berry,  Bilby,  Board,  Brewer,  Bryant, 
Buchanan,  Cain,  Carr,  Carney,  Caudill.  Chambers,  Curl,  Dalton,  Bearing, 
Edley,  Edmondson,  Ellis,  Fisher,  Frye,  Gardner,  Graham,  Hanraty,  Har- 
ris, Harrison  of  88,  Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Hen- 
shaw,   Herring,    Heuston,    Hughes,    Humphrey,    Hunt,    James,    Johnston, 


CONVENTION   OP   OKLAHOMA.  273 

Jones,  Kane,  Kelly,  King,  Langley,  Lasater,  Leahy,  Lee,  Ledbetter, 
Liedtke,  Littlejohn,  Littleton,  McCance,  McClain,  Majors,  Maxey,  Messen- 
ger, Mitch,  Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles  Ramsey, 
Rice,  Roberts,  Rogers,  Sandlin,  Savage,  Sorrells,  Swarts  Tosh,  Turner. 
Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wills,  Wood  of 
8,  Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 

Nays,   4. 

Kornegay,  Latimer,  Tenor  and  Tucker. 

Absent,    22. 

Asp,  Banks,  Bowers,  Cloud,  Cobb,  Cochran,  Copeland,  Covey, 
Harned,  Harrison  of  45,  Hill,  Hogg,  Hopkins,  Hudson,  Jenkins,  Leeper, 
McClure,   Mathis,  Newell,  Rose,  Sater,  Stowe  and  Tracy. 

President  Murray  announced  the  result  of  the  vote  and  stated  that 
Committee  Report  No.  11,  entitled.  Public  Service  Corporations,  had  by 
this  vote  been  finally  adopted  and  made  a  part  of  the  Constitution  for  the 
proposed  State  of  Oklahoma,  and  in  the  presence  of  the  Convention,  he 
subscribed  an  engrossed  copy  of  same,  as  President  of  the  Convention. 

Committee  Report  No.  12,  entitled.  Public  Service  Corporations,  was 
placed  upon  third  reading  for  final  adoption.  The  roll  was  called  and 
the  vote  to  adopt  same  resulted   as   follows: 

Ayes,   90. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Cain,  Carney,  Caudill,  Chambers,  Cloud,  Curl,  Dalton, 
Bearing,  Edley,  Edmondson,  Ellis,  Fisher,  Frye,  Gardner,  Graham,  Han- 
raty,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Hen- 
shaw.  Herring,  Heuston,  Hughes,  Humphrey,  Hunt,  James,  Johnston, 
Jones,  Kane,  Kelly,  King,  Langley,  Latimer,  Leahy,  Lee,  Leeper,  Led- 
better, Liedtke,  Littlejohn,  Littleton,  McCance,  McClain,  Majors,  Maxey, 
Messenger,  Mitch,  Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ram- 
sey, Rice,  Roberts,  Rogers,  Sandlin,  Savage.  Sorrells,  Swarts,  Tosh,  Tenor, 
Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wills, 
Wood  of  S,  Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 

Nays,  1. 

Kornegay. 

Absent,  21. 

Asp,  Bowers,  Cobb,  Cochran,  Copeland,  Covey,  Harned,  rfarris,  Har- 
rison of  4  5,  Hill,  Hogg,  Hopkins,  Hudson,  Jenkins,  McClure,  Mathis, 
Newell,   Rose,   Sater,   Stowe  and   Tracy. 

President  Murray  announced  the  result  of  the  vote  and  stated  that 
Committee  Report  No.  12,  entitled,  Public  Service  Corporations,  had  by 
this  vote  been  finally  adopted  and  made  a  part  of  the  Constitution  of  the 
proposed  State  of  Oklahoma;  and  in  the  presence  of  the  Convention, 
subscribed   the  engrossed  copy  of  same,  as  President  of  the  Convention. 

Committee  Report  No.   13,   under  the  title,  Public  Service  Corpora- 


274  JOURNAL  OF  CONSTITUTIONAL 

tions,  was  placed  on  third  reading  for  final  adoption.  The  roll  was  called 
and  the  vote  to  adopt  same  resulted  as  follows: 

Ayes,  87. 

Akers,  Allen,  Alderson,  Baker,  Berry,  Bilby,  Board,  Brewer,  Bryant, 
Buchanan,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Curl,  Dalton,  Bearing, 
Edley,  Edmondson,  Ellis,  Fisher,  Frye,  Gardner,  Gi'aham,  Hanraty,  Har- 
rison of  88,  Hausam,  Haskell,  Hayes,  Helton,  Hendricks,  Henshaw,  Her- 
ring, Heuston,  Hughes,  Humphrey,  Hunt,  James,  Johnston,  Kane,  Kelly, 
King,  Langley,  Lasater,  Latimer,  Leahy,  Lee,  Ledbetter,  Liedtke,  Little- 
john,  Littleton,  McCance,  McClain,  Majors,  Maxey,  Messenger,  Mitch, 
Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts, 
Rogers,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tucker,  Turner, 
Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wills,  Wood  of 
8,  Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 

Nays,   2. 

Kornegay  and  Cain. 

Absent,  23. 

Asp,  Banks,  Bowers,  Cobb,  Cochran,  Copeland,  Covey,  Harris, 
Harned,  Harrison  of  4  5,  Hill,  Hogg,  Hopkins,  Hudson,  Jenkins,  Leeper, 
McCIure,  Mathis,  Newell,  Rose,  Safer,  Stowe  and  Tracy. 

President  Murray  announced  the  result  of  the  vote  and  stated  that 
Committee  Report  No.  13,  entitled,  Public  Service  Corporations,  had  by 
this  vote  been  finally  adopted  and  made  a  part  of  the  Constitution  of  the 
proposed  State  of  Oklahoma;  and  in  the  presence  of  the  Convention,  he 
subscribed  the  engrossed  copy  of  same,  as  President  of  the  Convention. 

Committee  Report  No.  17,  under  the  title,  Public  Service  Corpora- 
tions, was  placed  upon  third  reading  for  final  adoption.  The  roll  was 
called  and  the  vote  to  adopt  same  resulted  as  follows: 

Ayes,  83. 

Akers,  Allen,  Alderson,  Berry,  Bilby,  Board,  Brewer,  Bryant, 
Buchanan,  Carney,  Carr,  Caudill,  Chambers,  Curl,  Dalton,  Bearing,  Edley, 
Edmondson,  Ellis,  Fisher,  Frye,  Gardner,  Graham,  Hanraty,  Harrison 
of  88,  Haskell,  Hayes,  Helton,  Hendricks,  Herring,  Henshaw,  Heuston, 
Hughes,  Hunt,  James,  Johnston,  Jones,  Kane,  Kelly,  King,  Langley, 
Lasater,  Latimer,  Leahy,  Lee,  Ledbetter,  Liedtke,  Littlejohn,  Littleton, 
McCance,  McClain,  Majors,  Maxey,  Messenger,  Mitch,  Moore,  Nelson, 
Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Sand- 
lin, Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tucker,  Turner,  Weaver,  Wil- 
liams of  3,  Williams  of  97,  Williams  of  108,  Wills,  Wood  of  8,  Wood  of 
89,  Wyatt,  Wyly  and  President  Murray. 

Mr.   Baker  present  and  not  voting. 

Nays,  3. 

Cain,   Humphrey  and   Kornegay. 

Absent,  25. 


CONVENTION    OP    OKLAHOMA.  275 

Asp,  Banks,  Bowers,  Cloud,  Cobb,  Cochran,  Copeland,  Covey,  Harned, 
Harris,  Harrison  of  45,  Hausam,  Hill,  Hogg,  Hopkins,  Hudson,  Jenkins, 
Leeper,  McClure,  Mathis,  Newell,  Rose,  Sater,  Stowe  and  Tracy. 

President  Murray  announced  the  result  of  the  vote  and  stated  that 
Committee  Report  No.  17,  under  the  title.  Public  Service  Corporations, 
had  by  this  vote  been  finally  adopted  and  made  a  part  of  the  Constitu- 
tion of  the  proposed  State  of  Oklahoma;  and  in  the  presence  of  the  Con- 
vention, he  subscribed  the  engrossed  copy  of  same,  as  President  of  the 
Convention. 

Committee  Report  No.  4  4,  entitled,  County  and  Township  Organiza- 
tion, was  placed  upon  third  reading  for  final  adoption  and  the  vote  to 
adopt  same  resulted  as  follows: 

Ayes,   81. 

Akers,  Allen,  Alderson,  Baker,  Bilby,  Board,  Brewer,  Bryant,  Cain, 
Carr,  Caudill,  Chambers,  Curl,  Dalton,  Bearing,  Edley,  Edmondson,  Ellis, 
Fisher,  Frye,  Gardner,  Graham,  Hanraty,  Harrison  of  88,  Haskell,  Hau- 
sam, Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Lasater, 
Latimer,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton, 
McCance,  McClain,  Majors,  Maxey,  Messenger,  Mitch,  Moore,  Nelson, 
Norton,  Parker,  Pittman,  Quarles,  Ramsey.  Rice,  Roberts,  Sandlin,  Sav- 
age, Sorrells,  Swarts,  Tosh,  Tenor,  Tucker,  Turner,  Weaver,  Williams  of 
3,  Williams  of  97,  Williams  of  108,  Wills,  Wood  of  89,  Wyatt  and  Pres- 
ident   Murray. 

Nays,   0. 

Absent  22. 

Asp,  Banks,  Buchanan,  Cloud,  Cobb,  Cochran,  Copeland,  Covey, 
Harned,  Harris,  Harrison  of  4  5,  Hopkins,  Hudson,  .Jenkins,  McClure, 
Mathis,   Newell,  Rose,  Sater,  Stowe,   Tracy  and  Wood  of  8. 

President  Murray  announced  the  result  of  the  vote  and  declared  that 
Committee  Report  No.  44,  entitled.  County  and  Township  Organization, 
had  by  this  vote  been  finally  adopted  and  made  a  part  of  the  Constitution 
of  the  proposed  State  of  Oklahoma;  and  in  the  presence  of  the  Conven- 
tion he  subscribed  the  engrossed  copy  of  same,  as  President  of  the  Con- 
vention. 

Committee  Report  No.  18,  under  the  title.  Public  Service  Corpora- 
tions, was  placed  on  third  reading  for  final  adoption ;  the  roll  was  called 
and  the  vote  resulted  as  follows: 

Ayes,   83. 

Akers,  Allen,  Alderson,  Berry,  Bilby,  Board,  Bryant,  Buchanan,  Car- 
ney, Carr,  Caudill,  Chambers,  Curl,  Dalton,  Bearing,  Edley,  Edmondson, 
Ellis,  Fisher,  Frye,  Gardner,  Graham,  Hanraty,  Harrison  of  88,  Haskell, 
Hausam,  Hayes,  Helton,  Hendricks.  Henshaw,  Herring,  Heuston,  Hughes, 
Hunt,  .James,  Johnston,  Jones,  Kane,  Kelly,  King,  Lasater,  Lee,  I^edbetter, 
I^iedtke,    I^ittlejohn,    Littleton,    McCance,    McClain,    Majors,    Maxey,    Mes- 


276  JOURNAL  OF  CONSTITUTIONAL 

senger,  Mitch,  Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey, 
Rice,  Roberts,  Rogers,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor, 
Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108, 
Wills,  Wood  of  8,  Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 

Nays,  7. 

Baker,   Brewer,    Cain,    Cloud,    Humphrey,    Kornegay   and   Langley. 

Absent,  22. 

Asp,  Banks,  Cobb,  Cochran,  Copeland,  Covey,  Harned,  Harris,  Har- 
rison of  -45,  Hill,  Hopkins,  Hogg,  Hudson,  Jenkins,  Leeper,  McClure, 
Mathis,  Newell,  Rose,  Sater,  Stowe  and  Tracy. 

President  Murray  announced  the  result  of  the  vote  and  declared  thsLt 
Committee  Report  No.  18,  under  the  title,  Public  Service  Corporations, 
had  by  this  vote  been  finally  adopted  and  made  a  part  of  the  Constitu- 
tion of  the  proposed  State  of  Oklahoma;  and  in  the  presence  of  the  Con- 
vention, he  subscribed  the  engrossed  copy  of  same,  as  President  of  the 
Convention. 

Committee  Report  No.  41,  entitled.  Banks  and  Banking,  Loan,  Trust 
and  Guaranty  Companies,  was  placed  on  third  reading  for  fiical  adoption. 
The  roll  was  called  and  the  vote  resulted  as  follows: 

Ayes,  88. 

Akers,  Allen,  Alderson,  Baker,  Berry,  Bilby,  Board,  Brewer,  Bryant, 
Cain,  Carney,  Carr,  Caudill,  Chambers,  Curl,  Bearing,  Edley,  Edmond- 
son,  Ellis,  Fisher,  Frye,  Gardner,  Graham,  Hanraty,  Harrison  of  88, 
Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill, 
Hogg,  Heuston,  Hughes,  Humphrey,  Hunt,  James,  Johnston,  Jones,  Kane, 
Kelly,  King,  Kornegay,  Langley,  Lasater,  Leahy,  Lee,  Leeper,  Ledbetter, 
Liedtke,  Littlejohn,  Littleton,  McCance,  McClain,  Majors,  Maxey,  Mes- 
senger, Mitch,  Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey, 
Rice,  Roberts,  Rogers,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor, 
Tucker,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wills, 
Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 

Nays,   1. 

Dalton. 

Absent,  23. 

Asp,  Banks,  Bowers,  Buchanan,  Cloud,  Cobb,  Cochran,  Copeland, 
Covey,  Harned,  Harris,  Harrison  of  45,  Hopkins,  Hudson,  Jenkins,  Mc- 
Clure, Mathis,  Newell,  Rose,  Sater,  Stowe,  Tracy  and  Wood  of  8. 

President  Murray  announced  the  result  of  the  vote  and  stated  that 
Committee  Reort  No.  41,  entitled.  Banks  and  Banking,  Loan,  Trust  and 
Guaranty  Companies,  had  by  this  vote  been  finally  adopted  and  made  a 
part  of  the  Constitution  of  the  proposed  State  of  Oklahoma;  and  in  the 
presence  of  the  Convention,  he  subscribed  the  engrossed  copy  of  same, 
as  President  of  the  Convention. 

Committee  Report  No.  40,  entitled.  Printing  Plant,  was  placed  upon 


CONVENTION   OF   OKLAHOMA.  Z71 

its  third  reading  for  final  adoption.  Roll  called  and  the  vote  to  adopt 
same   resulted  as   follows: 

Ayes,  85, 

Akers,  Allen,  Alderson,  Berry,  Bilby,  Board,  Brewer,  Bryant,  Car- 
ney, Carr,  Caudill,  Chambers,  Curl,  Dalton,  Dearing,  Edley,  Edmondson, 
Ellis,  Fisher,  Frye,  Graham,  Hanraty,  Harrison  of  88,  Haskell,  Hausam, 
Hayes,  Helton,  Hendricks,  Henshaw,  Hill,  Hogg,  Hughes,  Humphrey, 
Hunt,  James,  Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay,  Langley, 
Lasater,  Latimer,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn, 
Littleton,  McCance,  McClure,  Majors,  Maxey,  Messenger,  Mitch,  Moore, 
Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers, 
Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tucker,  Turner,  Weaver, 
Williams  of  3,  Williams  of  97,  Williams  of  108,  Wills,  Wood  of  89,  Wyatt, 
VVyly  and  President  Murray. 

Nays,  3. 

Baker,    Cain   and    Jenkins. 

Absent,   24. 

Asp,  Banks,  Bowers,  Buchanan,  Cloud,  Cobb,  Oochran,  Copeland, 
Covey,  Harned,  Harris,  Harrison  of  45,  Herring,  Hopkins,  Hudson, 
Heustpn,  McClure,  Mathis,  Newell,  Rose,  Safer,  Stowe,  Tracy  and  Wood 
of    8. 

President  Murray  announced  the  result  of  the  vote  and  declared 
that  Committee  Report  No.  40,  had  by  this  vote,  been  finally  adopted  and 
made  a  part  of  the  Constitution  of  the  proposed  State  of  Oklahoma;  and 
in  the  presence  of  the  Convention,  he  subscribed  the  engrossed  copy  of 
same,  as  President  of  the  Convention. 

Committee  Report  No.  38,  entitled.  Salaries  and  Compensation  of 
Public  Officers,  was  placed  on  its  third  reading  for  final  adoption.  Roll 
was  called  and  the  vote  to  adopt  same  resulted  as  follows: 

Ayes,  81. 

Akers,  Allen,  Aldei'son,  Baker,  Berry,  Bilby,  Board,  Brewer,  Car- 
ney, Carr,  Caudill,  Chambers,  Curl,  Dearing,  Edley,  Edmondson,  Ellis, 
Fisher,  Frye,  Gardner,  Graham,  Hanraty,  Harrison  of  88,  Haskell,  Hayes, 
Helton,  Henshaw,  Hill,  Hogg,  Hughes,  Humphrey,  Hunt,  Jones,  Johnston, 
Kane,  Kelly,  King,  Kornegay,  Langley,  Lasater,  Latimer,  Leahy,  Lee, 
Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McCance,  McClain, 
Majors,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts, 
Rogers,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tucker,  Turner,  Weaver, 
Williams  of  3,  Williams  of  97,  Williams  of  108,  Wills,  Wood  of  89,  Wyatt, 
Wyly  and  President  Murray. 

Nays,   7. 

Bryant,  Cain,  Dalton,  Hausam,  Hendricks,  Heuston  and  Jenkins. 

Absent,  24. 

Asp,    Banks,    Bowers,    Buchanan,    Cloud,    Cobb,    Cochran,    Copeland, 


278  JOURNAL  OF  CONSTITUTIONAL 

Covey,  Harned,  Harris,  Harrison  of  45,  Herring,  Hopkins,  Hudson,  Mc- 
Clure,  Mathis,  Newell,  Rose,  Sater,  Stowe,  Tenor,  Tracy  and  Wood  of  8. 
President  Murray  announced  the  result  of  the  vote  and  declared 
that  Committee  Report  No.  38,  entitled,  Salaries  and  Compensation  of 
Public  Officers,  had  by  this  vote  been  finally  adopted  and  made  a  part 
of  the  Constitution  of  the  proposed  State  of  Oklahoma;  and  in  the  pres- 
ence of  the  Convention,  he  subscribed  the  engrossed  copy  of  same,  as 
President  of  the  Convention. 

Committee    Report    No.    3  7,    entitled.    Homesteads    and    Exemptions, 
was  placed  upon  its  third  reading  for  final  adoption.     Roll  was  called  and 
the  vote  to  adopt  same  resulted  as  follows: 
Ayes,   85. 

Akers,  Allen,  Alderson,  Baker,  Berry,  Bilby,  Board,  Brewer,  Bryaui, 
Carney,  Carr,  Caudill,  Chambers,  Curl,  Dalton,  Bearing,  Edley,  Edmond 
son,  Ellis,  Fisher,  Frye,  Gardner,  Graham,  Hanraty,  Harrison  of  88 
Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Hill,  Hogg 
Heuston,  Hughes,  Humphrey,  Hunt,  James,  Johnston,  Jones,  Kane,  Kelly 
King,  Kornegay,  Langley,  Lasater,  Latimer,  Leahy,  Ledbetter,  Liedtke 
Littlejohn,  Littleton,  McCance,  McClain,  Majors,  Maxey,  Messenger 
Mitch,  Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice 
Roberts,  Rogers,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tucker 
Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Wills,  Wood  of  89 
Wyatt,  Wyly  and  President  Murray. 
Nays,    2. 

Cain   and   Jenkins. 
Absent,    25. 

Asp,  Banks,  Bowers,  Buchanan,  Cloud,  Cobb,  Cochran,  Copeland, 
Covey,  Harned,  Harris,  Harrison  of  45,  Herring,  Hopkins,  Hudson,  Lee, 
Leeper,  McClure,  Mathis,  Newell,  Rose,  Sater,  Stowe,  Tracy  and 'Wood 
of  8. 

President  Murray  announced  the  result  of  the  vote  and  declared 
that  Committee  Report  No.  37,  entitled.  Homesteads  and  Exemptions, 
had  by  this  vote  been  finally  adopted  and  made  a  part  of  the  Constitution 
for  the  proposed  State  of  Oklahoma;  and  in  the  presence  of  the  Conven- 
tion, he  subscribed  the  engrossed  copy  of  same,  as  President  of  the  Con- 
vention. 

On  motion  of  Mr.  Rice,  the  pen  with  which  the  President  subscribed 
the  provision  entitled.  Homesteads  and  Exemptions,  was  presented  to 
Mr.  Ellis,  as  a  token  of  the  Convention's  appreciation  of  his  faithful 
efforts  to  prepare  good   homestead  and  exemption    provisions. 

On  motion  of  Mr.  Roberts,  the  pen  with  which  the  President  sub- 
scribed the  several  provisions  entitled.  Public  Service  Corporations,  was 
presented  to  Mr.  Williams  of  10  8. 


CONVENTION   OP   OKLAHOMA.  27& 

On  motion  of  Mr.  Bilby,  the  Convention  took  recess  until  9:30  a.  m., 
Friday,  March  8,   1907. 

CONVENTION  CHAMIJER. 

Morning  Session,  Friday,  March  8,   1907 — !>:3()  A.  M. 

Convention  called   to   order;    President   Murray   in    the   chair. 

Invocation  by  Delegate  Stowe. 

Roll  called;   a  quorum  present. 

Absent:  Messrs.  Bowers,  Cochran,  Covey,  Frye,  Harned,  Harris 
Hopkins,  Mathis,  Newell,  Rose,  Sater  and  Tracy. 

Messrs.  Bowers,  Cochran,  Covey,  Harned.  Hopkins,  Newell  and  Tracv 
had  been  previously  excused. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  29,  entitled,  Boa^d  of  Agri 
culture,  was  considered,  adopted  and  ordered  engrossed  and  placed  upon 
its   third   reading,   as  amended. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Reports  Nos.  26  and  2  9,  entitled,  Prohibi- 
tion, was  considered,  adopted  and  ordered  engrossed  and  placed  on  its 
third  reading,  as  amended. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  62,  entitled,  Judicial  Appor- 
tionment, was  considered  and  ordered  engrossed  and  placed  on  its  third 
reading,  as  amended. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  on  Committee  Report  No.  4  2,  entitled,  State  and  School 
Lands,  was  considered,  adopted  and  ordered  engrossed  and  placed  upon 
its  third  reading  as  amended. 

Mr.  McClain,  Chairman  of  the  Committee  on  Insurance,  hied  Report 
No.    45, — recommitted,   referred   to  the  Committee  of  the  Whole. 

Mr.  Johnston,  Chairman  of  the  Committee  on  Executive  Depart- 
ment, filed  Rei)ort  No.  66,  which  was  referred  to  the  Committee  of  the 
Whole,   and  ordered  printed. 

On  motion,  the  Convention  took  I'ecess  until  1:30  p.  m. 

CONVENTION  CHA^DJEK. 
Aflomoon  Session,  Friday,  March  8,  1907 — 1:30  V.  M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

Mr.  Hayes,  Chairman  of  the  Special  Legal  Advisory  Committee,  filed 
report  upon  Committee  Report  No.  64,  filed  for  redraft,  which  was  refer- 
red to  the  Committee  of  the  Whole. 

Committee    Report    No.    62,    entitled,    Judicial    Apportionment,    was 


280  JOURNAL  OF  CONSTITUTIONAL 

placed  upon  third  reading  for  final  passage  and  adoption,  and  the  vote 
to  adopt  same,  resulted  as  follows: 

Ayes,   86. 

Akers,  Allen,  Alderson,  Baker,  Berry,  Bilby,  Board,  Brewer,  Bryant, 
Buchanan,  Carney,  Caudill,  Chambers,  Copeland,  Curl,  Dalton,  Bearing, 
Edmondson,  Ellis,  Fisher,  Gardner,  Harrison  of  88,  Haskell,  Hausam, 
Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hughes, 
Humphrey,  Hunt,  James,  Johnston,  Kane,  Kelly,  Kornegay,  Langley, 
Lasater,  Leahy,  Lee,  Ledbetter,  Liedtke,  Littleton,  McCance,  McClain, 
Majors,  Maxey,  Messenger,  Mitch,  Moore,  Nelson,  Norton,  Parker,  Pitt- 
man,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Sandlin,  Savage,  Sorrelfs, 
Swarts,  Tosh,  Tenor,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams 
of  97,  Williams  of  108,  Wills,  Wood  of  8,  Wood  ol  89,  Wyatt,  Wyly  and 
President  Murray. 

Nays,  4. 

Cain,  'Cloud,    Graham    and    Heuston. 

Absent,  22. 

Asp,  Banks,  Bowers,  Cobb,  Cochran,  Covey,  Edley,  Frye,  Hanraty, 
Harned,  Harris,  Harrison  of  4  5,  Hopkins,  Hudson,  Jenkins,  Leeper,  Mc- 
Clure,  Mathis,  Newell,  Rose,  Sater  and  Tracy. 

President  Murray  announced  the  result  of  the  vote  and  stated  that 
Committee  Report  No.  6  2,  had  by  this  vote  been  finally  adopted  and 
made  a  part  of  the  Constitution  of  the  proposed  State  of  Oklahoma;  and 
in  the  presence  of ^ the  Convention,  he  subscribed  the  engrossed  copy  of 
same,  as  the  President  of  the  Constitutional  Convention. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  on  Committee  Report  No.  47,  entitled,  Legislative  Depart- 
ment, was  considered,  adopted  and  ordered  engrossed  and  placed  upon  its 
third  reading,  as  amended. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  on  Committee  Report  No.  43,  entitled,  Private  Corpora- 
tions, was  considered,  adopted  and  ordered  engrossed  and  placed  upon 
its  third  reading,  as  amended. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  on  Committee  Report  No.  50,  entitled.  Land  Ownership,  was 
considered,  adopted  and  ordered  engrossed  and  placed  upon  its  third 
reading,  as  amended. 

Committee  Report  No.  29,  entitled,  Board  of  Agriculture,  was  placed 
upon  its  third  reading  for  final  adoption,  and  the  vote  to  adopt  same 
resulted   as   follows: 

Ayes,  90. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Cain,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cobb, 
Curl,    Dalton,    Dearing,    Edley,    Edmondson,    Ellis,    Fisher,    Gardner,    Gra- 


CONVENTION   OP   OKLAHOMA.  281 

ham,  Hanraty,  Harrison  ol"  4  5,  Harrison  of  88,  Haskell,  Hausam,  Hayes, 
Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Heuston,  Hughes, 
Humphrey,  Hunt,  James,  Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay, 
Langley,  Lasater,  Leahy,  Lee,  Ledbetter,  Liedtke,  Littlejohn,  Littleton, 
McCance,  McClain,  Majors,  Maxey,  Messenger,  Mitch,  Moore,  Nelson,  Nor- 
ton, Parker,  Pittman,  Quarles,  Rice,  Roberts,  Rogers,  Sandlin,  Stowe, 
Swarts,  Tosh,  Tenor,  Tucker,  Weaver,  Williams  of  3,  Williams  of  97, 
Williams  of  108,  Wills,  Wood  of  S,  Wood  of  89,  Wyatt,  Wyly  and  Pres- 
ident  Murray. 

Nays,  0. 

Absent,   22. 

Asp,  Bowers,  Cochran,  Copeland,  Covey,  Frye,  Harned,  Harris,  Hud- 
son, Jenkins,  Latimer,  Leeper,  Mathis,  Newell,  Ramsey,  Rose,  Sater,  Sor- 
rells,    Tracy   and   Turner. 

President  Murray  announced  the  result  of  the  vote  and  declared 
that  Committee  Report  No.  29,  entitled.  Board  of  Agriculture,  had  by  thi,5 
vote  been  finally  adopted  and  made  a  part  of  the  Constitution  for  the 
proposed  State  of  Oklahoma;  and  in  the  presence  of  the  Convention,  he 
subscribed  the  engrossed  copy  of  same,  as  President  of  the   Convention. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  on  Committee  Report  No.  54,  entitled,  General  Provisions, 
Constitutional  Amendments  and  Revisions,  was  considered,  adopted  and 
ordered  engrosstd  and  placed  upon  its  third  reading,  as  amended. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  on  Committee  Report  No.  51,  entitled,  Education,  •  was 
considered,  adopted  and  ordered  engrossed  and  placed  upon  its  third 
reading,    as   amended. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  5,  entitled.  Labor  and  Arbi- 
tration, was  considered,  adopted  and  ordered  engrossed  and  placed  upon 
its   third   reading,   as  amended. 

On  motion,  the  pen  with  which  the  President  subscribed  the  provi- 
sion entitled,  Judicial  Apportionment,  was  presented  to  Mr.  Sandlin, 
Chairman  of  the  Committee  on  Judicial  Apportionment. 

On  motion,  the  pen  with  which  the  President  subscribed  the  provi- 
sion entitled,  Agriculture,  was  presented  to  Mr.  Hendricks,  Chairman  of 
the  Committee   on  Agriculture. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  on  Committee  Report  No.  55,  entitled,  Constitutional 
Amendments,  was  considered,  adopted,  ordered  engrossed  and  placed 
upon  its  third  reading,  as  amended. 

Mr.  Latimer  asked  to  be  excused  until  Tuesday,  March  12th,  and  the 
request   was   granted. 

Committee    Report    No.    4  2,    entitled.    State    and    School    Lands,    was 


282  JOURNAL  OF  CONSTITUTIONAL 

placed  upon   its  third  reading   for   final   adoption.      Roll   was  called   and 
the  vote  to  adopt  same  resulted  as  follows: 

Ayes,  78. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bilby,  Board,  Brewer, Bry- 
ant, Buchanan,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cobb,  Curl,  Dalton, 
Edley,  Edmondson,  Ellis,  Fisher,  Gardner,  Harrison  of  88,  Haskell, 
Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Hill,  Hogg,  Hughes,  Hum- 
phrey, Hunt,  James,  Johnston,  Jones,  Kane,  Kelly,  King,  Langley, 
Lasater,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littleton,  Littlejohn, 
McClain,  Majors,  Maxey,  Messenger,  Mitch,  Moore,  Nelson,  Norton,  Parkef, 
Pittman,  Ramsey,  Rice,  Roberts,  Rogers,  Sandlin,  Sorrells,  Swarts,  Tosh, 
Tucker,  Williams  of  3,  Williams  of  97,  Williams  of  10  8,  Wills,  Wyly  and 
President  Murray. 

Nays,  13. 

Cain,  Graham,  Harrison  of  45,  Herring,  Heuston,  McCance,  Quarles, 
Savage,  Stowe,  Tenor  and  Weaver. 

Absent,  21. 

Asp,  Bowers,  Coch'-an,  Copeland,  Covey,  Frye,  Hanraty,  Harned, 
Harris,  Hopkins,  Hudson,  Jenkins,  Kornegay,  Latimer,  McClure,  Mathis, 
Newell,  Rose,  Safer,  Tracy  and  Turner. 

President  Murray  announced  Ihe  result  of  the  vote  and  declared  that 
the  Committee  Report  No.  4  2,  entitled.  State  and  School  Lands,  had  by 
this  vote  been  finally  adopted  and  made  a  part  of  the  Constitution  for 
the  proposed  State  of  Oklahoma;  and  in  th-*  presence  of  the  Convention, 
he  subscribed  the  engrossed  copy  of  same  as  President  of  the  Conven- 
tion. 

Committee  Report  No.  16,  entitled.  County  Seats,  was  placed  upon 
its  third  reading  for  final  adoption  and  the  vote  of  same  resulted  as  fol- 
lows: 

Ayes,  81. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cobb,  Curl, 
Dalton,  Bearing,  Edley,  Ellis,  Gardner,  Graham,  Harrison  of  4  5,  Harrison 
of  88,  Haskell,  Hayes,  Helton,  Hendricks,  Henshaw,  Hill,  Hogg,  Heuston, 
Hughes,  Humphrey,  Hunt,  James,  Johnston,  Jones,  Kane,  Kelly,  King, 
Langley,  Lasater,  Leahy,  Lee,  Ledbetter,  Liedtke,  Littlejohn,  Littleton, 
McClain,  Majors,  Maxey,  Messenger,  Mitch,  Moore,  Nelson,  Parker,  Pitt- 
man,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Sandlin,  Savage,  Sorrells, 
Swarts,  Tosh,  Tenor,  Tucker,  Weaver,  Williams  of  3,  Williams  of  97, 
Wills,  Wood  of  8,  Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 

Nays,  7. 

Cain,  Edmondson,  Hausam,  Herring,  McCance,  Stowe  and  Williams 
of  108. 

Absent,   23. 


CONVENTION   OF   OKLAHOMA.  283 

Asp,  Bowers,  Cochran,  Copeland,  Covey,  Fisher,  Frye,  Harned,  Hau- 
raty,  Harris,  Hopkins,  Hudson,  Jenkins,  Kornegay,  Latimer,  Leeper,  Mc- 
Clure,  Mathis,  Newell,  Rose,  Sater,  Tracy  and  Turner. 

President  Murray  announced  the  result  and  declared  that  Committee 
Report  No.  16,  entitled.  County  Seats,  had  by  this  vote  been  finally 
adopted  and  made  a  part  of  the  Constitution  for  the  proposed  State  of 
Oklahoma;  and  in  the  presence  of  the  Convention,  he  subscribed  the  en- 
grossed copy  of  same,  as  President  of  the  Convention. 

On  motion,  the  pen  with  which  the  President  subscribed  the  provi- 
sion entitled.  County  Seats,  was  presented  to  Mr.  Allen,  Chairman  of  the 
Committee  on  Counties  and  County  Boundaries. 

On  motion,  the  pen  with  which  the  President  subscribed  the  provi- 
sion entitled,  State  and  School  Lands,  was  presented  to  Mr.  Baker,  Chair- 
man of   the  Committee  on   State   and   School   Lands. 

Mr.    Haskell    inti'oduced    Resolution    No.    91,    and    on    motion,    the 
same  was  adopted  as  follows: 

RESOLUTION. 

In  view  of  the  fact  that  the  laboring  people  of  the  State  of  Okla- 
homa have  taken  an  unusual  interest  in  the  making  of  the  Constitution 
for  the  proposed  State  of  Oklahoma,  for  the  purpose  of  securing  in  this 
Constitution  such  measures  as  would  especially  safeguard  the  interests 
of  the  common  people  against  tending  encroachment  of  corporate  greed; 
and  in  view  of  the  fact  that  the  Convention  has  without  exception,  pro- 
tected the  interests  of  the  people  against  the  corporations;  placing  the 
people  above  the  dollar;  and  inasmuch  as  that  has  been  the  fundamental 
purpose  of  the  American  Federation  of  Labor,  therefore,  I  would  respect- 
fully ask  the  privilege  of  furnishing  to  this  Convention  the  pen  used  by 
the  President  and  the  Delegates  in  affixing  their  signatures  to  the  Con- 
stitution, and  afterwards  present  it  to  Samuel  Gompers,  President  of  the 
American  Federation  of  Labor,  AVashington,  D.  C,  in  commemoration 
of  the  first  Constitution  that  has  ever  been  written  in  the  United  States 
in  which  the  labor  interests  have  taken  a  part,  the  same  protecting  the' 
interests  of  the  common  people  more  fully  than  any  other  Constitution  in 
the  United  States. 

Respectfully  submitted, 

C.    N.   HASKP]LL,   District    75. 

By  request  of  J.  Harvey  Lynch,  Secretary-Treasurer,  Oklahoma  Stato 
Federation  of  Labor. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  on  Committee  Report  No.  57,  entitled,  Impeachment  and 
Removal  from  Office,  was  considered,  adopted  and  ordered  engrossed  and 
placed  upon  its  third  reading,  as  amended. 

On   motion  of  Mr.  Haskell,   the  Committee  on  Convention  Accounts 


284  JOURNAL  OF  CONSTITDTIONAL 

and  Expenses  was  directed  to  ascertain  what  the  expenses  of  the  Con- 
vention, paid  out  of  the  Federal  appropriation  amounts  to,  to  date, 
and  secure  and  furnish  the  Convention  with  an  itemized  statement  there- 
of, and  ascertain  what  amount,  if  any,  of  said  appropriation  yet  remains 
in  the  hands  of  the  disbursing  Oi_cer. 

Mr.  Lasater  moved  the  reconsideration  of  the  vote  by  which  Com- 
mittee Report  No.    22,  was  passed  to  its  third   reading. 

Committee  Report  No.  57,  entitled.  Impeachment  and  Removal  from 
Office,  was  placed  upon  its  third  reading  for  final  adoption,  and  the 
vote  to  adopt  same  resulted  as  follows: 

Ayes,    93.  * 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Cain,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cobb, 
Copeland,  Curl,  Dalton,  Bearing,  Edmonason,  Ellis,  Frye,  Gardner,  Gra- 
ham, Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Helton, 
Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Heuston,  Hughes,  Humphrey, 
Hunt,  James,  Johnston,  Jones,  Kane,  Kelly,  King,  Langley,  Lasater, 
Latimer,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton, 
McCance,  McClain,  Majors,  Maxey,  Messenger,  Mitch,  Moore,  Nelson, 
Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Sand- 
lin.  Savage,  Sorrells,  Stowe,  Swarts,  Tosh,  Tenor,  Tucker,  Turner, 
Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wills,  Wood 
of  8,  Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 
Nays,  0. 
Absent,  19. 

Asp,  Bowers,  Cochran,  Covey,  Edley,  Fisher,  Harned,  Hanraty, 
Harris,  Hopkins,  Hudson,  Jenkins,  Kornegay,  McClure,  Maihis,  Newell, 
Rose,    Safer   and    Tracy. 

President  Murray  announced  the  result  of  the  vote 'and  declared 
that  Committee  Report  No.  57,  entitled.  Impeachment  and  Removal 
from  Office,  had  by  this  vote  been  finally,  adopted  and  made  a  part  of 
the  Constitution  for  the  proposed  State  of  Oklahoma,  and  in  the  pres- 
•ence  of  the  Convention,  he  subscribed  an  engrossed  copy  of  same,  as 
President   of  the   Convention. 

Committee    Report    No.    54,    entitled.    General    Provisions,    Constitu- 
tional Amendments  and  Provisions,  was  placed  on   its  third  reading  and 
final    adoption.      The   vote   to    adopt   the   same    resulted    as   follows: 
Ayes,   90. 

Akers,  Allen,  Alderson,  Baker.  Banks,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Cain,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cobb, 
Curl,  Dalton,  Bearing,  Edmondson,  Ellis,  Gardner,  Graham,  Hanraty, 
Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Helton,  Hen- 
dricks, Henshaw,  Herring,  Hill,  Hogg,  Heuston,  Hughes,  Humphrey, 
Hunt,    James,    Johnston,    Jones,    Kane,    Kelly,    King,    Langley,    Lasater, 


CONVENTION   OF   OKLAHOMA.  285 

Latimer,  Leahy,  Lee,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  Mc- 
Cance,  McClain,  Majors,  Maxey,  Messenger,  Mitch,  Moore,  Nelson,  Nor- 
ton, Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Rogers,  Roberts,  Sandlin, 
Savage,  Sorrells,  Stowe,  Swarts,  Tosh,  Tenor,  Tucker,  Turner,  Weaver, 
Williams  of  3,  Williams  of  97,  Williams  ol  108,  Wills,  Wood  of  8, 
Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 

Nays,    0.     • 

Absent,    24. 

Asp,  Bowers,  Cloud,  Cochran,  Covey,  Edley,  Fisher,  Frye,  Harned, 
Hanraty,  Han  is,  Hopkins,  Hudson,  Jenkins,  Kornegay,  Leeper,  Mc- 
Clure,    Mathis,    Nelson,    Newell,    Rose,    Sater,    Ti-acy    and    Turner. 

President  Murray  announced  the  result,  and  declared  that  Com- 
mittee Report  No.  04,  entitled.  General  Provisions,  had  by  this  vote 
been  finally  adopted,  and  made  a  part  of  the  Constitution  for  the  pro- 
posed State  of  Oklahoma,  and  in  the  presence  of  the  Convention  he 
subscribed  an  engrossed  copy  of  the  same,  as  President  of  the  Con- 
vention. 

Committee  Report  No.  5  5,  entitled,  Constitutional  Amendments, 
was  placed  upon  its  third  reading  and  final  adoption.  The  vote  to  adopt 
same  resulted  as  follows: 

Ayes,    88. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Cain,  Carney,  Carr,  Caudill,  Chambers,  Cobb,  Cope- 
land,  Curl,  Dalton,  Bearing,  Edmondson,  Ellis,  Gardner,  Graham,  Har- 
rison of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Helton,  Hen- 
dricks, Henshaw,  Herring,  Hill,  Hogg,  Heuston,  Hughes,  Humphrey, 
Hunt,  James,  Johnston,  Jones,  Kane,  Kelly,  King,  Langley,  Lasater, 
Latimer,  Leahy,  Lee,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McCance, 
McClain,  Majors,  Maxey,  Messenger,  Mitch,  Moore,  Norton,  Parker, 
Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Sandlin,  Savage. 
Sorrells,  Stowe,  Swarts,  Tosh,  Tenor,  Tucker,  Weaver,  Williams  of  3, 
Williams  of  97,  Williams  of  lOS,  Wills,  Wood  of  8,  Wood  of  89,  Wyatt, 
Wyly   and   President   Murray. 

Nays,  0. 

Absent,   24. 

Asp,  Bowers,  Cloud,  Cochran,  Covey,  Edley,  Fisher,  Frye,  Harned, 
Hanraty,  Harris,  Hopkins,  Hudson,  Jenkins,  Kornegay,  Leeper,  Mc- 
Clure,    Mathis,    Nelson,    Newell,    Rose,   Sater,    Tracy    and    Turner. 

President  Murray  announced  the  result,  and  declared  that  Com- 
mittee Report  No.  55,  entitled.  Constitutional  Amendments,  had  by  this 
vote  been  finally  adopted,  and  made  a  part  of  the  Constitution  for  the 
proposed  State  of  Oklahoma,  and  in  the  presence  of  the  Convention,  he 
subscribed  an  engrossed  copy  of  the  same,  as  President  of  the  Con- 
vention. 


286  JOURNAL  OF  CONSTITUTIONAL 

On  motion,  the  Convention  took  recess  until  9:30  a.  m.,  Saturday, 
March    9th,    1907. 

COXVEXTIOX  CHAMIJKR. 
Morning   Session,    Saturday,    March    9,    1907 — 9:30    A.    M. 

Convention  called  to  order.  President  Murray  in  the  chair. 

Invocation  by  Rev.  Nichols,  of  the  Episcopal  Church,  Guthrie. 

Roll    called;    a    quorum    present. 

Absent:  Messrs.  Asp,  Bowers,  Cochran,  Covey,  Harned,  Hopkins, 
Kornegay,  Latimer,  Leeper,  McClure,  Newell,  Rose,  Sater,  Stowe  and 
Wood    of    89. 

Messrs.  Bowers,  Cochran,  Covey,  Harned,  Newell,  Hopkins  and 
Wood  of  89,  had  been  previously  excused. 

Mr.    Stowe    was    excused    for   the    day. 

President  Murray  presented,  by  request.  Petition  No.  4  00,  relating 
to  Judicial  Apportionment, — referred  to  the  Committee  on  Judicial 
Apportionment. 

President  Murray  appointed  as  the  Commission  heretofore  pro- 
vided for  by  resolution  of  the  Convention,  Mr.  Leahy,  Chairman;  Messrs. 
Chambers,  Ellis,  Curl  and  Tosh,  to  be  known  as  the  Coal  and  Asphalt 
Commission.     On  motion,  the  appointments  were  confirmed. 

Mr.  Wyly,  for  the  Committee  on  Education,  on  Public  Institutions 
and  State  Buildings,  filed  Report  No.  67,  which  was  referred  to  the 
Committee   of   the   Whole,    and    ordered   printed. 

The  Calendar  was  called,  and  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  consideration  of  General  Orders,  with  Mr. 
Henshaw   in   the   chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr.  Henshaw,  as  Chairman  of  the  Com- 
mittee   of   the    Whole,    reported    as    follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  t5,  recom- 
mitted and  recommend  that  same  be  adopted,  ordered  engrossed  and 
passed  to  its  third  reading  and  final  passage,  as  amended  in  Committee 
of  the  Whole;  and  that  we  have  had  under  consideration  Committee 
Report  No.  63,  together  with  Committee  Report  No.  46,  by  the  Com- 
mittee on  Railroads  and  Public  Service  Corporations,  and  that  thereon, 
as  well  as  upon  the  residue  of  the  matters  referred  to  us,  we  have 
made  progress  and  ask  leave  to  sit  again. 

GEO.    A.   HENSHAW,    Chairman. 

On  motion  of  Mr.   Dalton,  the  report  was  adopted. 

On  motion  of  Mr.  Haskell,  the  report  of  the  Committee  on  Priv- 
ileges and  Elections  was  made  a  Special  Order  for  the  afternoon  session 


CONVENTION  OF  OKLAHOMA.  2  87 

Mr.  Bilby  was  excused  until  Wednesday.  Mr.  Board  was  excused 
on   account   of   sickness. 

Mr.  Buchanan  was  excused  from  attending  tlie  afternoon  session 
on  account  of  committee  work.  Mr.  Kane  was  excused  until  Wednes- 
dfiy,  March  13.  Mr.  Hanraty  was  excused  for  Tuesday  and  Wednesday 
of  next  week. 

Mr.  Haskell  introduced  Resolution  No.  92,  and  on  his  motion,  same 
was   adopted. 

Resolved,  That,  until  the  complete  Constitution  is  given  into  the 
h^nds  of  the  Engrossing  Committee,  no  more  members  be  excused  except 
on  account  of  sickness,  and  that  all  members  now  absent  on  leave,  (not 
on  account  of  sickness)  be  called  to  be  present  Monday. 

On  motion,  the   Convention   took   recess  until    1:30    p.   m. 

CONVENTION  CHAMBER. 
Afternoon   Session,   Saturday,   March   9,    1907 — 1:30   1'.   M. 

Convention  called  to  order;  President  Murray  in  the  chair. 

Committee  Report  No.  51,  entitled.  Education,  was  read  a  third 
time  and  placed  upon  its  final  adoption.  The  vote  to  adopt  the  same 
resulted  as  follows: 

Ayes,   84. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Brewer,  Bryant,  Cain, 
Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cobb,  Curl,  Bearing,  Edmond- 
son,  Ellis,  Fisher,  Frye,  Gardner,  Graham,  Hanraty,  Harrison  of  45, 
Harrison  of  88,  Harris,  Haskell,  Hayes,  Helton,  Hendricks,  Henshaw, 
Herring,  Hogg,  Heuston,  Hughes,  Humphrey,  Hunt,  James,  Jenkins, 
Johnston,  Jones,  Kane,  Kelly,-  King,  Langley,  Lasater,  Leahy,  Lee,  Led- 
better,  Liedtke,  Littlejohn,  Littleton,  McCance,  McClain,  Mitch,  Moore, 
Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts, 
Rogers,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tracy,  Tucker, 
Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wills, 
Wood   of    8,   Wyatt,   Wyly   and   President   Murray. 

Nays,   0. 

Absent,   28. 

Asp,  Bilby,  Board,  Buchanan,  Bowers,  Cochran,  Covey,  Copeland, 
Dalton  Edley,  Harned,  Hausam,  Hill,  Hopkins,  Hudson,  Kornegay,  Lat- 
imer, Leeper,  McClure,  Majors,  Maxey,  Mathis,  Messenger,  Newell,  Rose, 
Sater,  Stowe  and  Wood  of  89. 

President  Murray  announced  the  result,  and  declared  that  Com- 
mittee Report  No.  51,  entitled,  Education,  had  by  this  vote  been  finally 
adopted,  and  made  a  part  of  the  Constitution  for  the  proposed  State  of 
Oklahoma,  and  in  the  presence  of  the  Convention,  he  subscribed  an 
engrossed  copy  of  the  same,  as  President  of  the  Convention. 

On  motion  of  Mr.  Haskell,  the  pen  with  which  the  President  of  the 


■ASH  JOURNAL  OF  CONSTIIJTIONAL 

Convention  subscribed  the  provision  entitled,  Education,  was  presented 
to  Mr.  Brewer,   Chairman  of  the  Committee  on  Education. 

Committee  Report  No.  47,  entitled.  Legislative  Department,  was 
read  a  third  time  and  placed  upon  its  final  adoption.  The  vote  to  adopt 
the   same   resulted   as   follows: 

Ayes,   74. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bilby,  Board,  Brewer, 
Buchanan,  Carney,  Carr,  Caudill,  Chambers,  Cobb,  Copeland,  Curl,  Bear- 
ing, Edmondson,  Ellis,  Fisher,  Gardner,  Graham,  Harned,  Harrison  of 
45,  Harrison  of  88,  Haskell,  Hayes,  Helton,  Hendricks,  Henshaw,  Her- 
ring, Hill,  Hogg,  Hughes,  Humphrey,  Hunt,  James,.  Johnston,  Jones, 
Kane,  Kelly,  King,  Langley,  Lasater,  Leahy,  Lee,  Ledbetter,  Liedtke, 
Littlejohn,  Littleton,  McCance,  McClain,  Majors,  Messenger,  Mitch, 
Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Rob- 
erts, Rogers,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tracy, 
Tucker,"  burner.  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of 
108,   Wills,   Wood  of   8,   Wyatt,   Wyly   and   President   Murray. 

Nays,   5. 

Cain,    Cloud,    Frye,    Harris,    Heuston. 

Absent,    23, 

Asp,  Bowers,  Bryant,  Cochran,  Covey,  Dalton,  Edley,  Harned,  Hau- 
sam,  Hopkins,  Hudson,  Jenkins,  Kornegay,  Latimer,  Leeper,  McClure, 
Mathis,   Newell,   Rose,   Sater,   Stowe  and   Wood  of    8  9. 

President  Murray  announced  the  result,  and  declared  that  Com- 
mittee Report  No.  47,  entitled.  Legislative  Department,  had,  by  this 
vote,  been  finally  adopted,  and  made  a  part  of  the  Constitution  for  the 
proposed  State  of  Oklahoma,  and  in  the  presence  of  tne  Convention,  he 
subscribed  an  engrossed  copy  of  the  same,  as  President  of  the  Con- 
vention. 

On  motion,  the  pen  with  which  the  president  of  the  Convention 
subscribed  the  provision  entitled.  Legislative  Department,  was  presented 
to  Mr.   Tosh,   Chairman   of  the  Committee  on   Legislative  Department. 

Committee  Report  No.  5  2,  entitled,  Labor  and  Arbitration,  was 
read  a  third  time  and  placed  upon  its  final  adoption.  The  vote  to  adopt 
same    resulted   as    follows: 

Ayes,  87. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Cain,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cobb,  Copeland, 
Curl,  Dearing,  Haskell,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring, 
Hogg,  Heuston,  Hughes,  Humphrey,  Hunt,  James,  Johnston,  Jones, 
Kane,  Kelly,  King,  Langley,  Lasater,  Leahy,  Lee,  Ledbetter,  Liedtke, 
Littlejohn,  Littleton,  McCance,  McClain,  Majors,  Messenger,  Mitch,  Moore, 
Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers, 
Sandlin,   Savage,   Sorrells,    Swarts,    Tosh,   Tenor,   Tracy,   Tucker,   Turner, 


CONVENTION   OF   OKLAHOMA.  289 

Weaver,  Williams  of    3,    Williams  of    97,    Williams  of    108,    Wills,    Wood 
of  S,  Wyatt,  Wyly  and  President  .Murray. 
Nays,  0. 
Absent,  25. 

Asp,  Bowers,  Buchanan,  Cochran,  Covey,  Daiton,  Edley,  Fisher, 
Harned,  Hanraty,  Hausam,  Hill,  Hopkins,  Hudson,  Jenkins,  Kornegay, 
Latimer,  Leeper,  McClure,  Mathis,  Maxey,  Newell,  Rose,  Sater,  Stowe 
and   Wood   of    89. 

President    Murray    announced    the    result,    and    declared    that    Com- 
mittee Report  No.   52,  entitled,  Labor  and  Arbitration,  had  by  this  vote 
been   finally   adopted,   and    made   a   part   of  the   Constitution   of   the   pro- 
posed   State   of   Oklahoma,    and    in    the    presence    of    the    Convention,    he 
subscribed   an  engrossed   copy   of  same,   as   President  of  the   Convention. 
On    motion,    the   pen    with    which    the    President    of    the    Convention 
subscribed   the  provision  entitled,   Labor  and  Arbitration,   was   presented 
to  Mr.   Hanraty,   Chairman  of  the  Committee  on  Labor  and  Arbitration. 
Committee    Report    No.    50,    entitled.    Land    Ownership,    was    read    a 
third  time  and  placed  upon  its  final  adoption.       The  vote  to  adopt  same 
resulted  as  follows: 
Ayes,    83. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Buchanan,  Cain,  Carney,  Carr,  Caudill,  Chambers,  Cobb,  Cope- 
land,  Curl,  Dearing,  Edley,  Edmondson,  Ellis,  Fisher,  Gardner,  Gra- 
ham, Hanraty,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hayes,  Helton, 
Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hughes,  Humphrey,  Hunt, 
James,  Johnston,  Jones,  Kane,  Kelly,  King,  Langley,  Lasater,  Leahy,  Lee, 
Ledbetter,  Parker,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Sandlin,  Sav- 
age, Sorrells,  Tosh,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams 
of  97,  Williams  of  108,  Wills,  Wood  of  8,  Wyatt.  Wyly  and  President 
Murray. 

Nays,  6. 

Cloud,   Frye,   Harris,    Heuston,   Pittman   and   Swarts. 
Absent,   23. 

Asp,  Bowers,  Cochran,  Covey,  Daiton,  Harned,  Hausam,  Hopkins, 
Hudson,  Jenkins,  Kornegay,  Latimer,  Leeper,  McClure,  Majors,  Mathis, 
Maxey,  Newell,  Rose,  Sater,  Williams  of  3,  and  Wood  of  89. 

President  Murray  announced  the  result,  and  declared  that  Com- 
mittee Report  No.  50,  entitled.  Land  Ownership,  had,  by  this  vote,  been 
finally  adopted  and  made  a  part  of  the  Constitution  of  the  proposed 
State  of  Oklahoma,  and  in  the  presence  of  the  Convention,  he  subscribed 
an  engrossed  copy  of  the  same,  as  President  of  the  Convention. 

On  motion,  the  pen  with  which  the  President  of  the  Convention 
subscribed  the  provision  entitled,  Land  Ownership,  was  awarded  to 
President   Murray,   as   the  author   of   the   measure. 


290  JOURNAL  OP  CONSTITUTIONAL 

Mr.  Wood  of  8,  called  up  for  consideration  i>.esolution  No.  65,  re- 
lating to  State  Floral  Emblem.  On  motion  of  R.r.  Swarts,  the  motion 
was    tabled. 

On  motion  of  Mr.  Williams  of  108,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  for  the  consideration  of  Special  and  Gen- 
eral Orders,  with  Mr.  Langley  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Lang- 
ley,  as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  and  Special  Orders  of  the  Calendar  beg 
leave  to  report  that  we  have  had  under  consideration  Committee  Reports 
Nos.  46  and  63,  which  we  recommend  for  adoption,  with  the  exception 
of  Section  3a,  which,  we  recommend,  be  referred  to  a  Special  Commit- 
tee, composed  of  Messrs.  Ledbetter,  Leahy,  Curl,  Hayes  and  Baker,  for 
redraft;  that  we  have  had  under  consideration  Committee  Report  No.  49, 
and  recommend  for  adoption  Sections  1,  2  and  3  thereof,  and  the  resi- 
due of  said  report,  we  recommend  be  referred  to  the  Legal  Advisory 
Commitee;  that  we  have  had  under  consideration  Committee  Report 
No.  5  6,  by  the  Committee  on  Legislative  Apportionment,  and  recom- 
mend that  same  be  adopted,'  ordered  engrossed  and  passed  on  third 
reading  and  final  passage,  as  amended  in  Committee  of  the  Whole;  and 
that  upon  the  residue  of  the  matters  referred  to  us,  we  have  made 
progress  and  ask   leave  to  sit  again. 

J.    H.    LANGLEY,    Chairman. 

On  motion,  the  report  was  adopted. 

Mr.  Tenor,  Chairman  of  the  Cominittea  on  Convention  Accounts  and 
Expenses,  filed  report,  approving  statement  of  account  of  the  Leader 
Printing   Company,    which   on   motion   was   adopted. 

Committee  Report  No.  43,  entitled,  Private  Corporations,  was  read 
a  third  time  and  placed  upon  its  final  adoption.  The  vote  to  adopt 
same   resulted   as  follows: 

Ayes,   77. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Bryant,  Carney,  Carr,  Cau- 
dill,  Chambers,  Cobb,  Copeland,  Curl,  Bearing,  Ellis,  Fisher,  Frye, 
Gardner,  Graham,  Hanraty,  Harrison  of  45,  Harrison  of  88,  Haskell. 
Hays,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hughes,  Humphrey, 
James,  Johnston,  Jones,  Kane,  King,  Langley,  Lasater,  Leahy,  Lee,  Led- 
better, Liedtke,  Littlejohn,  Littleton,  McCance,  McCIain,  Majors,  Messenger, 
Mitch,  Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice, 
Roberts,  Rogers,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tucker. 


CONVENTION   OP   OKLAHOMA.  291 

Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of   10 S,   Wills, 
Wood  of  8,  Wyatt,   Wyly  and  President  Murray. 

Nays,  1. 

Harris. 

Absent,   34. 

Asp,  Berry,  Bilby,  Board,  Bowers,  Buchanan,  Cain,  Cloud,  Cochran, 
Covey,  Dalton,  Edmondson,  Edley,  Harned,  Hausam,  Helton,  Hopkins, 
Heuston,  Hudson,  Hunt,  Jenkins,  Kelly,  Kornegay,  Latimer,  Leeper, 
McClure,  Maxey,  Mathis,  Newell,  Rose,  Sater,  Stowe  and  Wood  of  89. 

President  Murray  announced  the  result,  and  declared  that  Com- 
mittee Report  No.  43,  entitled.  Private  Corporations,  had,  by  this  vote, 
been  finally  adopted  and  made  a  part  of  the  Constitution  of  the  pro- 
posed State  of  Oklahoma,  and  in  the  presence  of  the  Convention,  he 
subscribed  an  engrossed  copy  of  same,  as  President  of  the  Convention. 

On  motion,  the  pen  with  which  the  President  of  the  Convention 
subocribed  the  provision  entitled.  Private  Corporations,  was  presented  to 
Mr.  Graham,  Chairman  of  the  Committee  on  Private  Corporations. 

Committee  Report  No.  10,  entitled.  Public  Service  Corporations,  was 
placed  upon  its  third  reading  fof  final  adoption.  The  vote  to  adopt 
the  same  resulted  as  follows: 

Ayes,   80. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bryant,  Carney,  Carr, 
Caudill,  Chambers,  Cobb,  Copeland,  Curl,  Dalton,  Dearing,  Edmondson, 
Ellis,  Fisher,  Prye,  Gardner,  Graham,  Hanraty,  Harrison  of  45,  Harrison 
of  88,  Haskell,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg, 
Hughes,  Humphrey,  Hunt,  James,  Johnston,  Jones,  Kelly,  King,  Korne- 
gay, Langley,  Lasater,  Leahy,  Lee,  Ledbetter,  Liedtke,  Littlejohn,  Lit- 
tleton, McCance,  McClain,  Majors,  Messenger,  Mitch,  Moore,  Nelson,  Nor- 
ton, Parker,  Pittman,  Quarles,  Rice,  Roberts,  Rogers,  Sandlin,  Savage, 
Swarts,  Tosh,  Tenor,  Tracy,  Tucker,  Weaver,  Williams  of  3,  Williams 
of  97,  Williams  of  108,  Wills,  Wood  of  8,  Wyly  and  President  Mur- 
ray. 

Nays,   1. 

Harris. 

Absent,    31. 

Asp,  Berry,  Bowers,  Board,  Brewer,  Buchanan,  Cochran,  Covey, 
Cain,  Cloud,  Edley,  Harned,  Hausam,  Heuston,  Hopkins,  Hudson,  Jenk- 
ins, Kane,  Kornegay,  Latimer,  Leeper,  McClure,  Mathis,  Newell,  Rose, 
Sater,  Stowe,  Turner  and  Wood  of   89. 

President  Murray  announced  the  result,  and  declared  that  Com- 
mittee Report  No.  10,  entitled.  Public  Service  Corporations,  had,  by  this 
vote,  been  finally  adopted  and  made  a  part  of  the  Constitution  of  the 
proposed  State  of  Oklahoma,  and  in  the  presence  of  the  Convention,  he 
subscribed  an  engrossed  copy  of  same,  as  President  of  the  Convention. 


292  JOURNAL  OF  CONSTITUTIONAL 

On  motion,  the  pen  with  which  President  Murray  subscribed  this 
provision,  was  presented  to  Mr.  Williams  of  lOS,  Chairman  of  the  Com- 
mittee on  Railroads  and  Public  Service  Cjrporations. 

On  motion  of  Mr.  Caudill,  the  Convention  took  recess  until  9:30 
a.  m.,  Monday,  March  11,  1907. 

CON\^NTION  CHAMBER. 
Morning   Session,    Monday,    3Iarch    11,    1907 — 9:30   A.    M. 

Convention  called  to  order.  President  Murray  in  the  chair. 

Invocation    by    Rev.    Nichols,    of    Guthrie. 

Roll    called;    a    quorum    present. 

Absent:  Messrs.  Bilby,  Board,  Bowers,  Buchanan,  Covey,  Edley, 
Fisher,  Hopkins,  Humphrey,  Kane,  Kornegay,  Langley,  Latimer,  Mathis, 
Newell,   Rose  and  Sater. 

Messrs.  Bowers,  Covey,  Hopkins,  Latimer,  Xewell,  Bilby  and  Board 
had  previously  been  excused. 

Mr.  Langley  was  excused  on  account  of  sickness. 

Mr.  Hopkins'  leave  of  absence  was  extended  on  account  of  sickness. 

Mr.  Murray  presented  Petition  No.  401,  being  a  Memorial  from  the 
Legislature  of  Montana,  relating  to  Amendment  of  the  Constitution  of 
the  United  States,  to  Provide  for  the  Election  of  United  States  Senators 
by   a   Vote  of  the   People. 

Mr.  Williams  of  108,  moved  to  reconsider  Report  No.  56,  by  the 
Committee  on  Legislative  Apportionment. 

The  Sergeant-at-Arms,  on  motioI^,  was  directed  to  wire  absent 
members   of   the   Supreme    Election    Board    to    appear    at   once. 

The  Calendar  was  called,  and  the  Convention  resolved  itself  into 
Committee   of  the  Whole,   with   Mr.    Parker   in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Parker,  as 
Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
a  recommendation  that  Committee  Report  No.  33,  supplemental,  be 
placed  on  the  Calendar  for  reconsideration;  that  we  have  had  under 
consideration  Committee  Report  No.  65,  by  the  Committee  on  Judiciary 
and  Judicial  Department,  and  recommexid  that  <ame  be  adopted,  ordered 
engrossed  and  passed  to  its  third  reading  and  final  passage,  as  amended 
in  Committee  of  the  Whole;  that  we  have  had  under  consideration 
Committee  Report  No.  66,  by  the  Committee  on  Executive  Department, 
and  thereon,  as  well  as  upon  the  residue  of  the  matters  referred  to  us, 
we  have  made  progress  and  ask  leave  to  sit  again. 

GABE   E.    PARKER,    Chairman. 

On  motion,  the  report  was  adopted. 

Committee    Reports    Nos.    36    and    39,    entitled,    Prohibition,    were 


CONVENTION  OF  OKLAHOMA.  293 

placed  on  third   reading  for  final   adoption,   and   the  vote  to  adopt  same 
resulted   as   follows: 
Ayes,    69. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry.  Brewer,  Bryant,  Cain, 
Carney,  Carr,  Caudill,  Chambers,  Cobb,  Cochran,  Curl,  Bearing,  Bdmond- 
son,  Ellis,  Frye,  Gardner,  Harrison  of  88,  Haskell,  Hayes,  Hendricks, 
Henshaw,  Herring,  Hill,  Hogg,  Heuston,  Hunt,  James,  Johnston,  Jones, 
Lasater,  Lee,  Leeper,  Ledbetter,  Littlejohn,  Littleton,  McCance,  Mc- 
Clain,  Major,  Messenger,  Nelson,  Norton,  Parker,  Pittman,  Quarles, 
Ramsey,  Rice,  Roberts,  Rogers,  Savage,  Sorrells,  Stowe,  Swarts,  Tenor, 
Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108 
Wills,  Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 

Nays,   13. 

Asp,  Copeland,  ^aiton,  Graham,  Hanraty,  Hughes,  King,  Liedtke. 
McClure,  Maxey,   Mitch,   Moore  and   Tracy. 

Absent,    30. 

Bilby,  Board,  Bowers,  Buchanan,  Cloud,  Covey,  Edley,  Fisher,  Car- 
ney, Harris,  Harrison  of  4  5,  Hausam,  Helton,  Hopkins,  Hudson,  Hum- 
phrey, Jenkins,  Kane,  Kelly,  Kornegay,  Langley,  Latimer,  Leahy,  Mathis, 
Newell,  Rose,  Sandlin,  Sater,   Tosh  and  Wood  of   8. 

President  Murray  announced  the  vote,  and  declared  that  the  sub- 
stitute for  Committee  Reports  Nos.  .36  and  39,  entitled.  Prohibition,  had, 
by  this  vote,  been  finally  adopted  and  made  a  part  of  the  Constitution 
of  the  proposed  State  of  Oklahoma,  and  in  the  presence  of  the  Con- 
vention, he  subscribed  an  engrossed  copy  of  the  same,  as  President  of 
the    Convention. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  the  further  consideration  of  General  Orders,  with  Mr.  Baker 
in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose.  President 
Murray  resumed  the  chair,  and  Mr.  Baker,  as  Chairman  of  the  Com- 
mittee  of   the   Whole,    reported    as    follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consileration  Committee  Report  No.  66,  and 
that  thereon  we  have  made  progress  and  ask  leave  to  sit  again. 

J.  A.  BAKER,  Chairman. 

On    motion,    the    report    was    adopted. 

The  Convention  took  recess  until   2   o'clock   p.   m. 

CONAT^NTION   C'HAMBKR. 
Afternoon   Ses.sion,    Monday,    March    11,    1907 — 2   P.    M, 

Convention  called  to  order;   President  Murray  in  the  chair. 
President    Murray    appointed    G.    C.    Stark,    Chief    Committee   Clerk, 


294  JOURNAL  OF  CONSTITUTIONAL 

to   take  effect   on   and   after   March    6,    1907,    vice   J.    E.    Peddicord,    re- 
signed. 

On   motion   of   Mr.       Henshaw,   the   appointment  was   confirmed. 

On  motion  of  Mr.  Chambers,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  with  Mr.  Henshaw  in  rhe  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Hen- 
shaw, as  Chairman  of  the  Committee  of  the  Whole,  reported  as  fol- 
lows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Ordei's  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  66,  by  the 
Committee  on  Executive  Department,  and  recommend  that  same  be 
adopted,  and  that  the  matter  of  the  selection  of  a  seal,  as  the  Great 
Seal  of  the  State  of  Oklahoma,  be  referred  to  a  Special  Committee,  com- 
posed of  Messrs.  Johnston,  Haskell,  Parker,  Stowe  and  Harrison  of  45, 
and  that  said  report  be  not  ordered  engrossed  until  said  Special  Com- 
mittee reports  back,  and  action  is  taken  upon  their  report  in  Committee 
of  the  Whole;  that  we  have  had  under  consideration  Committee  Report 
No.  67,  by  the  Committee  on  Public  Institutions  and  State  Buildings, 
and  recommend  that  Sections  1  and  2  thereof  be  adopted,  ordered  en- 
grossed and  passed  to  third  reading  and  final  passage,  as  amended  in 
Committee  of  the  Whole;  we  further  recommend  that  Sections  4  and  5 
of  said  report  be  referred  to  the  Committee  on  Schedule;  that  we  have 
had  under  consideration  Committee  Report  No.  68,  by  the  Committee 
on  Counties  and  County  Boundaries,  and  that  thei'eon,  as  well  as  upon 
the  residue  of  the  matters  referred  to  us,  we  have  made  progress  and 
ask  leave  to  sit  again. 

GEO.    A.    HENSHAW,    Chairman. 

On    motion,    the    report    was    adopted. 

On  motion  of  Mr.  Williams  of  108,  to  reconsider.  Committee  Report 
No.    56,   was  called  up   and   prevailed. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  the  consideration  of  Committee  Report  No.  56,  with  Mr. 
Chambers   in   the  chair. 

After  consideration  of  the  matter  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Chambers, 
as  Chairman  of  the  Committee  of  the  Whole,   reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  was  referred  Committee  Report  No.  56,  by  the  Committee  on 
Legislative  Apportionment,  beg  to  report  that  we  have  had  the  same 
under    consideration    and    recommend    that    it    be    adopted,    ordered    en- 


CONVENTION   OF   OKLAHOMA.  295 

grossed,  and   passed   to   third   reading   and   final   passage,  as   amended   iu 
Committee    of    the   Whole. 

J.  H.   CHAMBERS,   Chairman. 

On    motion,    the    report    was    adopted. 

The  Convention  took  recess  until  9  a.  m.,  Tuesday,  March  12,  1907. 

CONVENTION  CHA3IBEK. 
Morning  Session,   Tuesday,   March   t*2,    1907 — 9  A.  M. 

Convention  called  to  order;   President  Murray  in  the  chair. 

Invocation  by   Delegate   Cobb. 

Roll  called;   a  quorum  present. 

Absent:  Messrs.  Bilby,  Board,  Bowers,  Buchanan,  Edley,  Covey, 
Fisher,  Hanraty,  Hopkins,  Humphrey,  Kornegay,  Langley,  Latimer, 
Mathis,   Newell,    Sater   and   Edmondson. 

Messrs.  Bilby,  Bowers,  Covey,  Hanraty,  Hopkins,  Latimer,  Langley, 
Newell,  Board  and  Edmondson  had  previously  been  excused. 

Mr.  Fisher  was  excused  on  account  of  sickness. 

The   following   communication   was   read- 

"Shawnee,   Okla.,    March    9,    1907. 
"Hon.    Win.    H.    Murray,    President    CoiiStitutional    Convention,    Guthrio, 

Oklahoma. 

"My  Dear  Sir  and  Brother:  Your  letter  with  resolution  adopted  by 
the  Convention  received.  Many  thanks  to  you,  to  the  Honorable  C.  N. 
Haskeil  and  the  Hon.  H.  S.  Johnston,  of  Perry,  for  the  honor  and  credit 
given  the  Farmers'  Union  of  Indiahoma. 

"Received  pen  all  O.   K.  and  the  same  will  he  cherished   as  a   relic 
in  the  archives  of  the  Farmers'  Union  of  Indiahoma. 
"Very  sincerely  yours, 

"(Signed)      B.    C.    HANSEN, 

"Secretary-Treasurer." 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement  on  Proposition  No.  437,  entitled.  Levees,  Drains  and 
Ditches,  and  on  Committee  Report  No.  25,  entitled.  Judiciary  and  Judi- 
cial Department,  was  adopted,  ordered  engrossed  and  passed  to  third 
reading  and  final  passage. 

The  Convention   took   recess   until    1:30   p.   m. 

CONVENTION  CHA.MBEK, 
Afternoon  Session,  Tuesday,  March   12,   1907 — 1:30  P.   M. 

Convention  called  to  order;   President  Murray  in  the  chair. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  58,  entitled.  Legislative  De- 
partment; Committee  Report  No.  65,  entitled.  Perpetuities  and  Monopo- 
lies;   Committee   Report   No.    67,   entitled.   Public   Institutions   and   State 


296  JOURNAL  OF  CONSTITUTIONAL 

Buildings;  Committee  Report  No.  48,  entitled,  Revenue  and  Taxation; 
Committee  Report  No.  6S,  entitled,  Counties  and  County  Boundaries, 
was  adopted,  and  each  of  said  reports  was  ordered  re-engrossed  and 
passed  to  third  reading  and  final  passage. 

The  report  of  the  Committee  on  Revulsion,  Compilation,  Style  ami 
Arrangement,  upon  Committee  Report  No.  60,  entitled,  Public  Debt  and 
Public  Works,  was  considered,  and  Section  1  thereof  was  stricken  out 
and  Sections  2  and  3  transferred  and  considered  with  the  report  of  the 
Committee  on  Revision,  Compilation,  Style  and  Arrangement  upon  Com- 
mittee Report  No.  4  8,  entitled.  Revenue  and  Taxation. 

Mr.  Parker,  for  the  Special  Committee  to  propose  and  report  its 
recommendation  of  a  Seal  for  the  Great  Seal  of  the  State  of  Oklahoma, 
filed  report,  which  was  referred  to  the  Committee  of  the  Whole. 

Proposition  No.  4  37,  entitled,  Levees,  Drains  and  Ditches,  was  placed 
on  third  reading  for  final  adoption,  and  the  vote  to  adopt  same  resulted 
as  follows: 

Ayes,  80. 

Akers,  Allen,  Alderson,  Brewer,  Bryant,  Cain,  Carney,  Carr,  Caudill, 
Chambers,  Cloud,  Cobb,  Cochran,  Copeland,  Curl,  Dalton,  Dearing,  Ellis, 
Gardner,  Graham,  Harned,  Harris,  Harrison  of  88,  Haskell,  Hausam, 
Henshaw,  Herring,  Hogg,  Hughes,  Hunt  James,  Jenkins,  Johnston, 
Jones,  Kane,  King,  Lasater,  Leahy,  Lee.  Leeper,  Ledbetter,  Liedtke, 
Littlejohn,  Littleton,  McLain,  Messenger,  Moore,  Nels'on,  Norton,  Park- 
er, Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Sav- 
age, Sorrells,  Swarts,  Tosh,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Wil- 
liams of  97,  Williams  of  108,  Wills,  Wood  of  8,  Wood  of  89,  Wyatt, 
Wyly    and    President    Murray. 

Nays,  0. 

Absent,   32. 

Asp,  Baker,  Banks,  Berry,  Bilby,  Board,  Bowers,  Buchanan,  Covey, 
Edley,  Edmondson,  Fisher,  Frye,  Hanraty,  Harrison  of  4  5,  Helton,  Hen- 
dricks, Hill,  Hopkins,  Heuston,  Hudson,  Humphrey,  Kelly,  Kornegay, 
Langley,  Latimer,  McClure,  Mathis,  Maxey,  Mitch,  Newell,  Safer  and 
Stowe. 

President  Murray  announced  the  s'ote,  and  declared  that  Proposi- 
tion No.  437,  entitled,  Levees,  Drains  and  Ditches,  had  by  this  vote 
been  finally  adopted  and  made  a  part  of  the  Constitution  of  the  pro- 
posed State  of  Oklahoma,  and  in  the  presence  of  the  Convention,  he  sub- 
scribed an  engrossed  copy  of  the  same,  as  President  of  the  Convention. 

Committee  Report  No.  56,  entitled,  Legislative  Apportionment,  was 
placed  on  third  reading  for  final  adoption,  and  the  vote  to  adopt  same 
resulted   as   follows: 

Ayes,  70. 

Akers,  Allen,  Alderson,   Baker,  Brewer,   Bryant,  Carney,  Carr,  Cau- 


CONVENTION   OF   OKLAHOMA.  297 

dill,  Chambers,  Cochran,  Copeland,  Curl,  Dalton,  Bearing,  Ellis,  Gard- 
ner, Graham,  Harrison  ol'  45,  Harrison  of  88,  Haskell,  Houston,  Hayes, 
Henshaw,  Herring,  Hughes,  Hunt,  Johnston,  Jones,  King,  Lasater,  Leahy, 
Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McCance,  McClain, 
Majors,  Messenger,  Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles, 
Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Savage,  Sorrells,  Swarts, 
Tosh,  Tucker,  T^rner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams 
of  108,  Wills,  Wood  of  8,  Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 

Nays,    12. 

Cain,  Cloud,  Harned,  Harris,  Helton.  Hendricks,  Hogg,  James. 
Jenkins,   Kane,   Tenor   and  Tracy. 

Absent,   29. 

Asp,  Banks,  Berry,  Bilby,  Board,  Bowers,  Buchanan,  Covey,  Edley, 
Edmondson,  Fisher,  Frye,  Hanraty,  Hill,  Hopkins,  Heuston, 
Hudson,  Humphrey,  Kelly,  Kornegay,  Langley,  Latimer,  McClure,  Mathis, 
Maxey,    Mitch,   Newell,   Safer  and   Stowe. 

President  Murray  announced  the  vote,  and  declared  that  Committee 
Report  No.  56,  entitled,  Legislative  Apportionment,  had  by  this  vote, 
been  finally  adopted  and  made  a  part  of  the  Constitution  of  the  proposed 
State  of  Oklahoma,  and  in  the  presence  of  the  Convention,  he  subscribed 
the  engrossed  copy  of  the  same,  as  President  of  the  Convention. 

The  Calendar  was  called,  and  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  consideration  of  General  Orders,  with  Mr. 
Littlejohn   in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole,  rose.  President  Murray  resumed  the  chair,  and  Mr.  Lit- 
tlejohn, as  Chairman  of  the  Committee  of  the  Whole,  reported  as  fol- 
lows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  33,  sup- 
plemental, by  the  Committee  on  Suffrage,  and  recommend  that  same 
be  adopted  as  amended  in  Committee  of  the  Whole;  that  we  have  had 
under  consideration  Committee  Report  No.  64,  and  that  thereon,  as  well 
as  upon  the  residue  of  the  matters  referred  to  us,  we  have  made  prog- 
ress and  ask  leave  to  sit  again. 

W.   N.    LITTLEJOHN,    Chairman. 

Mr.  Henshaw  moved  that  the  President  appoint  a  Steering  Com- 
mittee, of  which  the  President  of  the  Convention  should  be  Chairman. 
The  motion  prevailed,  and  the  President  appointed  as  the  other  mem- 
bers of  the  committee,  Messrs.  Henshaw,  Hayes,  King,  Leahy,  Wil- 
liams of  108,  Lasater,  Pittman,  Ledbetter,  Baker  and  Haskell. 

On  motion,  the  Convention  took  recess  until  9  a.  m.,  Wednesday, 
March   13,   1907. 


298  JOURNAL  OF  CONSTITUTIONAL 

CONAENTION  CHAMBER. 
Morning   Session,    AVednestlay,    IMarch    13,    1907 — 9   A.    M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

Invocation   by   Chaplain. 

Roll    called;    a    quorum   present. 

Absent:  Messrs.  Bilby,  Board,  Bowers,  Buchanan,  Edley,  Edmond- 
son,  Fisher,  Frye,  Hanraty,  Harrison  of  4  5,  Hayes,  Humphrey,  King, 
Kornegay,  Langley,  Latimer,  Mathis,  Maxey,  Newell,   Sater,  Stowe. 

Messrs.  Bilby,  Board,  Bowers,  Covey,  Edmondson,  Hanraty,  Fxshe  •, 
Hopkins,   Latimer,-  Langley  and  Newell  had  previously  been  excused.      * 

Mr.  Haskell  introduced  Resolution  No.  9  2,  and  moved  its  adoption. 
Mr.  Williams  of  108,  moved  to  amend,  and  Mr.  Hayes  moved  a  substitute 
for  Mr.  Williams'  amendment,  which  substitute  pi'evailed,  and  the  resolu- 
tion was  adopted,  as  follovi^s: 

Resolved,  That  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement  be  directed  to  report  all  provisions  hereafter  reported  out 
of  the  Committee  of  the  Whole  in  engrossed  form  ready  for  final  passage. 

That  an  Editing  Committee  of  Seven,  including  the  President,  be 
appointed  by  the  President,  whose  duties  shall  be  to  advise  with  and 
approve  the  work  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  and  the  Committee  on  Enrolling  and  Engrossing,  and  to 
edit  and  approve  the  Constitution,  as  to  form  and  arrangement  of  its  pro- 
visions and  of  the  final  draft  of  the  same  for  signatures  of  the  Officials 
and  Delegates.  That,  pending  the  execution  of  the  duties  of  said  com- 
mittee, after  completion  of  third  reading  and  adoption  of  the  proposi- 
tions, the  Convention  take  recess  until  a  time  to  be  hereafter  fixed  by 
the  Convention,  the  time  fixed  to  be  subject  to  change,  in  the  event  that 
the  work  of  enrolling  should  be  completed  sooner,  and  the  meeting  of 
the  Convention,  in  that  event,  to  be  upon  call  of  the  President. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement  upon  Committee  Report  No.  46,  entitled.  Railroads  and 
Public  Service  Corporations,  was  taken  up  for  consideration,  and  the 
report  upon  Sections  1  to  19,  inclusive,  was  adopted. 

The  Convention  took  recess  until  1:30  p.  m. 

CONVENTION  CHAMBER. 
Afternoon  Session,  Wednesday,  March  13,  1907 — 1:30  P.  M- 

Convention  called  to  order;   President  Murray  in  the  chair. 

Consideration  of  the  report  of  the  Committee  on  Revision,  Comi)ila- 
tion.  Style  and  Arrangement  was  resumed,  and  portions  of  the  report 
were  approved. 

Mr.  Leeper  presented  Petition  No.  4  03,  which  was  ordered  spread 
upon  the  minutes,  and  is  as  follows: 


CONVENTION  OF  OKLAHOMA.  29  9 


RESOLUTION. 


Whereas,  The  Constitutional  Convention,  now  in  session,  is  malcing 
the  best  Constitution,  lor  the  best  State  in  the  Union,  and  the  members 
are  entitled  to  the  grateful  appreciation  of  their  fellow  citizens;  and, 
Whereas,  It  seems  right  and  proper  that  an  annual  reunion  of  the 
Delegates  should  take  place,  so  that  the  pleasant  memories  of  the  Con- 
stitution be  kept  alive; 

Resolved,  That  the  Sulphur  Commercial  Club  cordially  invites  the 
members  of  the  Convention  to  hold  their  annual  reunion  in  this  city. 

W.  C.  WALL,  President. 
HOBART   HUDSON,   Secretary. 
Mr.  Harrison   of   45,   was  excused   for   absence   from   the   day's  ses- 
sions, on  account  of  sickness  in  the  family. 

Committee  Report  No.    25,   entitled,   Judiciary   and    Judicial    Depart- 
ment, was  read  a  third  time  and  placed  upon  its  final  adoption;   the  vote 
to  adopt  same  I'esulted  as  follows: 
Ayes,  81. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Berry,  Brewer,  Cain,  Carney, 
Carr,  Caudill,  Chambers,  Cloud,  Cobb,  Cochran,  Copelaud,  Curl,  Dalton, 
Dearing,  Ellis,  Gardner,  Graham,  Harris,  Harrison  of  4  5,  Harrison  of  8S, 
Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Heuston, 
Hudson,  Hughes,  Hunt,  James,  Jenkins,  Johnston,  Jones,  Kane,  King, 
Lasater,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton, 
McCance,  McClain,  Majors,  Messenger,  Moore,  Nelson,  Norton,  Parker, 
Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Savage. 
Sorrells,  Swarts,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3, 
Williams  of  97,  Williams  of  108,  Wills,  Wood  of  89,  Wyatt,  Wyly  and 
President  Murray. 
Nays,  0. 
Absent,  31. 

Banks,  Berry,  Bilby,  Board,  Bowers,  Bryant,  Buchanan,  Covey,  Edley, 
Edmondson,  Fisher,  Frye,  Hanraty,  Harned,  Hill,  Hogg,  Hopkins,  Hum- 
phrey, Kelly,  Kornegay,  Langley,  Latimer,  McClure,  Mathis,  Maxey. 
Mitch,  Newell,  Sater,  Stowe,  Tosh  and  Wood  of  8. 

President  Murray  announced  the  vote,  and  declared  that  Committee 
Report  No.  25,  entitled.  Judiciary  and  Judicial  Department,  had,  by  this 
vote,  been  finally  adopted  and  made  a  part  of  the  Constitution  of  the 
proposed  State  of  Oklahoma,  and  in  the  presence  of  the  Convention,  he 
subscribed  the  engrossed  copy  of  same,  as  President  of  the  Convention 
Committee  Report  No.  45,  entitled,  Insurance,  was  read  ji  third  timo 
and  placed  upon  its  final  adoption;  the  vote  to  adopt  sam.:  reunited  ;;s 
follows: 

Ayes,  75. 

Akers,   Allen,   Alderson,  Baker,   Brewer,   Carney.   Caudill,   Chambers, 


?,00  JOURNAL  OF  CONSTITUTIONAL 

Cobb,  Cochran,  Curl,  Dalion,  Bearing,  Ellis,  Gardner,  Graham,  Harrison 
of  88,  Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring, 
Heuston,  Hill,  Hogg,  Hunt,  James,  Jenkins,  Johnston,  Jones,  Kane,  King, 
Lasater,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton, 
McCance,  McClain,  Majors,  Messenger,  iloore.  Nelson,  Norton,  Parker. 
Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Savage. 
Sorrells,  Swarts,  Tenoi^,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  97, 
Williams  of  108,  Wills,  Wood  of  8,  Wood  of  89,  Wyatt,  Wyly  and  Pres- 
ident Murray. 
Nays,  4. 

Asp,    Cain,    Cleud   and    Harris. 
Absent,   33. 

Banks,  Berry,  Bilby,  Board,  Bowers,  Bryant,  Buchanan,  Copeland, 
Covey,  Edley,  Edmondson,  Fisher,  Frye,  Hanraty,  Harrison  of  45,  Hop- 
kins, Hudson,  Hughes,  Humphrey,  Jenkins,  Kelly,  Kornegay,  Langley, 
Latimer,  McClure,  Mathis,  Maxey,  Mitch,  Newell.  Sater,  Stowe,  Tosh  and 
Williams   of   3. 

President  Murray  announced  the  vote,  and  declared  that  Committee 
Report  No.  45,  entitled.  Insurance,  had  by  this  vote  been  finally  adopted 
and  made  a  part  of  the  Constitution  of  the  proposed.  State  of  Oklahoma, 
and  in  the  presence  of  the  Convention,  he  subscribed  the  engrossed  copy 
of  same,   as  President  of  the  Convention. 

Committee  Report  No.  65,  entitled.  Perpetuities  and  Monopolies,  was 
read  a  third  time  and  placed  upon  its  final  adoption;    the  vote  to  adopt 
same  resulted  as  follows: 
Ayes,    77. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Brewer,  Cain,  Carr,  Caudill. 
Chambers,  Cloud,  Cobb,  Cochran,  Copeland,  Curl,  Dalton,  Dearing,  Ellis. 
Gardner,  Graham,  Harris,  Harrison  of  88,  Haskell,  Hausam,  Hayes, 
Helton,  Hendricks,  Henshaw,  Heuston,  Hudson,  Hughes,  Hunt,  James. 
Johnston,  Kane,  King,  Lasater,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke, 
Littlejohn,  McCance,  McClain,  Majors,  Messenger,  Moore,  Nelson,  Norton, 
Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rose,  Sandlin,  Savage, 
Sorrells,  Swarts,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3, 
Williams  of  97,  Williams  of  108,  Wills,  Wood  of  89,  Wyatt,  Wyly  and 
President  Murray. 
Nays,  0. 
Absent,  35. 

Banks,  Berry,  Bilby,  Board,  Bowers,  Bryant,  Buchanan,  Carney, 
Covey,  Edley,  Edmondson,  Fisher,  Frye,  Hanraty.  Herring,  Hill,  Hogg. 
Hopkins,  Humphrey,  Jenkins,  Kelly,  Kornegay,  Langley,  Latimer.  Mc- 
Clure, Mathis,  Maxey,  Mitch,  Newell,  Sater,  Stowe,  Tosh  and  Wood  of  8. 
President  Murray  announced  the  vote,  and  declared  that  Committee 
Report  No.   65,  entitled.  Perpetuities  and  Monopolies,  had,  by  this  vote, 


CONVENTION   OF   OKLAHOMA.  301 

been  finally  adopted  and  made  a  part  of  the  Constitution  of  the  pro- 
posed Sta"te  of  Oklahoma;  and  in  the  presence  of  this  Convention,  he  sub- 
scribed the  engrossed  copy  of  same,   as   President  of  the  Convention. 

Committee   Report    No.    67,    entitled,    Public   Institutions   and    State 
Buildings,  was  read  a  third  time  and  placed  upon  its  final  adoption;   the 
vote  to  adopt  same  resulted  as  follows: 
Ayes,    70. 

Akers,    Allen,    Alderson,    Asp,    Baker,    Brewer,    Cain,    Carney,    Carr, 
Caudill,   Chambers,   Cloud,   Cobb,   Cochran,   Dalton,   Bearing,   Ellis,    Gard- 
ner,  Hendricks,  Henshaw,    Herring,   Hill,    Hogg,   Heuston,   Hudson,   Hunt, 
James,  Johnston,  Jones,  Kane,  King,  Lasater,  Lee,  Leahy,  Leeper,  Ledbet- 
ter,  Liedtke,  Littlejohn,  Littleton,  McCance.  McClain,  Majors,  Messenger, 
Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts, 
Rogers,   Rose,   Sandlin,   Savage,   Sorrells,    Swarts,   Tenor,   Tracy,   Tucker, 
Weaver,  Williams  of  97,  Williams  of  108,  Wills,  Wood  of  8,  Wood  of  89, 
Wyatt,  Wyly  and  President  Murray. 
Nays,  1. 
Haskell. 
Absent,   31. 

Banks,  Berry,  Bilby,  Board,  Bowers,  Bryant,  Buchanan,  Cope- 
land,  Covey,  Ediey,  Edmondson,  Fisher,  Frye,  Hanraty,  Hopkins,  Hum- 
phrey, Jenkins,  Kelly,  Kornegay,  Langley,  Latimer,  McCIure,  Mathis, 
Maxey,  Mitch,  Newell,  Sater,  Stowe,  Tosh,  Turner  and  Williams  of  3. 

President  Murray  announced  the  vote,  and  declared  that  Committee 
Report  No.  67,  entitled.  Public  Institutions  and  State  Buildings,  had,  by 
this  vote,  been  finally  adopted  and  made  a  part  of  the  Constitution  of 
the  proposed  State  of  Oklahoma,  and  in  the  presence  of  the  Convention, 
he  subscribed  the  engrossed  copy  of  same,  as  President  of  the  Conven- 
tion. 

Committee  Report  No.  68,  entitled.  Counties  and  County  Boundaries, 
was  read  a  third  time  and  placed    upon  the   final   adoption;    the  vote  to 
adopt  same  resulted  as  follows: 
Ayes,  59. 

Akers,  Allen,  Alderson,  Baker,  Brewer,  Carr,  Caudill,  Cobb,  Cochran, 
Curl,  Dalton,  Ellis,  Gardner,  Harris,  Harrison  of  88,  Hayes,  Helton,  Hen- 
shaw, Herring,  Hill,  Hogg,  Hughes,  Hunt,  James,  Jones,  King,  Lasater, 
Liedtke,  Littlejohn,  Littleton,  McCance,  McClain,  Messenger,  Moore,  Nel- 
son, Pittman,  Quarles,  Ramsey,  Roberts,  Rogers,  Sandlin,  Savage,  Swarts, 
Tenor,  Tracy,  Tucker,  Weaver,  Williams  of  lOS,  Wills,  Wood  of  8,  Wood 
of  89,  Wyatt,  Wyly  and  President  Murray. 
Nays,  20. 
Asp,    Cain,    Carney,    Chambers,    Cloud,    Bearing,    Graham,    Ilarned, 


302  JOURNAL  OF  CONSTITUTIONAL 

Hausam,  Heuston,  Johnston,  Kane,  Leahy,  Ledbetter,  Majorj,  Norton. 
Parker,  Rose,  Sorrells  and  Williams  of  97. 

Absent,   35. 

Banks,  Berry,  Bilby,  Board,  Bowers,  Bryant,  Buchanan,  Copeland, 
Covey,  Edley,  Edmondson,  Fisher,  Frye,  Hanraty,  Harrison  of  45,  Harned, 
Hendricks,  Hopkins,  ±iumphrey,  Jenkins,  Kelly,  Kornegay,  Langley,  Lat- 
imer, McClure,  Mathis,  Maxey,  Mitch,  Newell,  Rice,  Safer,  Stowe  Tosh, 
Turner  and   Williams   of   3. 

President  Murray  announced  the  vote,  and  declared  that  Committee 
Report  No.  68,  entitled,  Counties  and  County  Boundaries,  had,  by  this 
vote,  been  finally  adopted,  and  made  a  part  of  the  Constitution  of  the 
proposed  State  of  Oklahoma,  and  in  the  presence  of  the  Convention,  he 
subscribed  the  engrossed  copy  of  same,  as  President  of  the  Convention. 

A  communication  addressed  to  Mr.  Haskell,  from  Mr.  D.  P.  Marum, 
Woodward,  Oklahoma,  was  read,  in  which  he  expressed  faith  and  confi- 
dence of  himself  and  that  the  people  were  satisfied  with  the  Constitution, 
so  far  adopted. 

On  motion  of  Mr.  Haskell,  a  vote  of  thanks  was  given  to  Mr.  Marum 
and  the  people  of  Woodward  County,  for  their  expression  of  confidence 
in  the  Convention,  and  their  satisfaction  with  the  Constitution. 

Mr.  Hayes,  Chairman  of  the  Committee  on  Schedule,  filed  Committee 
Report  No.  69,  which  was  referred  to  the  Committee  of  the  Whole,  and 
ordered  printed. 

On  motion,  the  pen  with  which  President  Murray  subscribed  the  pro- 
vision entitled.  Perpetuities  and  Monopolies,  was  presented  to  Mr.  Hayes, 
as  the  author  of  the  provision. 

On  motion,  the  pen  with  which  President  Murray  subscribed  the  pro- 
vision entitled,  Judiciary  and  Judicial  Department,  was  presented  to  Mr. 
Ledbetter,  Chairman  of  the  Committee  on  Judiciary  and  Judicial  Depart- 
ment. 

On  motion,  the  pen  with  which  the  President  subscribed  the  pro- 
vision entitled.  Insurance,  was  presented  to  Mr.  McClain,  Chairman  of  the 
Committee  on  Insurance. 

On  motion,  the  pen  with  which  President  Murray  subscribed  the  pro- 
vision entitled.  Public  Institutions  and  State  Buildings,  was  presented  to 
Mr.  Wyly,  Chairman  of  the  Committee  on  Public  Institutions  and  State 
Buildings. 

The  Calendar  was  called  for  and  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  consideration  of  General  Orders,  with  Mr. 
Ilenshaw  in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Henshaw, 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.   President:      We,  your  Committee  of  the  Whole  Convention,  to 


CONVENTION   OP   OKLAHOMA.  303 

whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  a  substitute  by  Mr.  Williams  for 
a  proposed  amendment,  by  Mr.  Haskell,  to  Committee  Report  No.  G4, 
entitled,  Manufactures  and  Commerce,  and  recommend  its  adoption  as  a 
part  of  that  provision;  that  we  have  had  under  consideration  Report  of 
Special  Committee  filed  by  Mr.  Swarts,  being  two  proposed  additional 
Sections  to  Committee  Report  No.  5ij,  and  recommend  the  adoption  of 
same  as  a  part  of  the  provision  for  Legislative  Department;  that  we  have 
had  under  consideration  a  proposed  new  Section,  by  Mr.  Leahy,  and 
recommend  the  adoption  of  same  as  a  part  of  the  provisions  upon  Rail- 
roads and  Public  Service  Corporations;  that  we  have  had  under  con- 
sideration Report  of  Special  Committee  appointed  to  recommend  a  design 
for  a  seal  for  The  Great  Seal  of  the  State  of  Oklahoma,  filed  by  Mr. 
Parker,  and  recommend  the  adoption  of  same;  that  we  have  had  under 
consideration  Committee  Report  No.  59,  on  a  motion  to  reconsider,  and  a 
proposed  new  Section  by  Mr.  Murray,  and  that  same  as  recommended,  be 
tabled,  and  recommend  that  Committee  Report  No.  49,  be  re-referred  to 
the  Committee  on  Privileges  and  Elections  and  Primary  Elections,  for 
reconsideration  and  further  report;  and  that  we  have  made  progress  on 
the  residue  of  the  matters  referred  to  us,  and  ask  leave  to  sit  again. 

GEO.    A.    HENSHAW,    Chairman. 

On  motion,  the  report  was  adopted. 

On  motion,  the  pen  with  which  the  President  subscribed  the  provi- 
sion entitled.  Counties  and  County  Boundaries,  was  presented  to  Mr. 
Harris. 

Committee  Report  No.  4  8,  entitled.  Revenue  and  Taxation,  was  read 
a  third  time  and  placed  upon  its  final  adoption;  the  vote  to  adopt  same 
resulted  as  follows: 

Ayes,    79. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Brewer,  Carney,  Carr,  Caudill, 
Chambers,  Cloud,  Cobb,  Cochran,  Copeland,  Curl,  Dalton,  Bearing,  Ellis, 
Gardner,  Graham,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Hendricks, 
Henshaw,  Herring,  Hill,  Heuston,  Hogg,  Hughes,  Hunt,  James,  Johnston, 
Jones,  Kane,  King,  Lasater,  Leahy,  Leeper,  Ledbetter,  Liedtke,  Little- 
john,  Littleton,  McCance,  Majors,  Messenger,  Moore,  Nelson,  Norton. 
Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin, 
Savage,  Sorrells,  Swarts,  Tenor,  Tracy,  Tucker,  Weaver,  Williams  of  97, 
Williams  of  108,  Wills,  Wood  of  89,  Wyly.  Wyatt  and  President  Murray. 

Nays,   3. 

Harris,    Helton    and    McClain. 

Absent,   30. 

Banks,  Berry,  Bilby,  Board,  Bowers,  Bryant,  Buchanan,  Cain,  Covey, 
Edley,  Edmondson,  Fisher,  Frye,  Hanraty,  Harrison  of  4  5,  Hopkins,  Hud- 
son, Humphrey,   Jenkins,   Kelly,   Koruegay,   Langley,   Latimer,   Lee,   Mc- 


■<\0i  JOURNAL  OF  CONSTITUTIONAL 

Clure,  Mathis,  Maxey,  Mitch,  Newell,  Sater,  Stowe,  Tosh,  Turner,  Williams 
of  3,  and  Wood  of  S. 

President  Murray  announced  the  vote,  and  declared  that  Committee 
Report  No.  48,  entitled.  Revenue  and  Taxation,  by  this  vote,  had  been 
finally  adopted  and  made  a  part  of  the  Constitution  of  the  proposed 
State  of  Oklahoma,  and  in  the  presence  of  the  Convention,  he  subscribed 
the  engrossed  copy  of  same,  as  President  of  the  Convention. 

On  motion,  the  pen  with  which  the  President  subscribed  the  pro- 
vision entitled.  Revenue  and  Taxation,  was  presented  to  Mr.  King. 

On  motion,  the  Convention  took  recess  until  8  o'clock  p.  m. 

CONVENTION  CHA3IBER. 
Night   Session.    Wednesday,   March   13,    1907 — 8  P.   31. 

Convention  called  to  order;   President  Murray  in  the  chair. 

Roll  called;   a  quorum  present. 

On  motion  of  Mr.  Haskell,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  for  consideration  of  General  Orders,  with  Mr.  Rose 
in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Rose,  as 
Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  59,  supple- 
mental, upon  an  amendment  by  Mr.  Williams  of  108,  and  recommend  the 
adoption   of  same  as  a  part  of  said   report. 

D.  S.  ROSE,  Chairman. 

On  motion  of  Mr.  Majors,  the  report  was  adopted. 

Consideration  of  the  report  of  the  Committee  on  Revision,  Compila- 
tion, Style  and  Arrangement,  upon  Committee  Report  No.  46,  entitled. 
Railroads  and  Public  Service  Corporations,  was  resumed,  and  the  report 
was  approved  as  a  whole,  as  amended  and  ordered  engrossed  and  passed 
to  third  reading. 

The  report  of  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement,  upon  Committee  Report  No.  61,  entitled,  Salaries  and  Com- 
pensation of  Public  Officers,  and  upon  Committee  Report  Xo.  64,  entitled. 
Manufactures  and  Commerce,  was  considered  and  approved,  as  amended, 
ordered  engrossed  and  passed  to  third  reading. 

On  motion  of  Mr.  Chambers,  the  Convention  took  recess  until  9  a. 
m.,   Thursday,   March    14,    1907. 


CONVENTION   OF   OKLAHOMA.  305 

CONVENTION   (  HAMBEIl. 
Morning  Session,   Tliursday,   Mjuch  14,    1907 — 9  A.  M. 

Convention  called  to  order;   President  Murray  in  the  chair. 

Invocation   by   Chaplain. 

Roll  called;    a  quorum   present. 

Absent:  Banks,  Bilby,  Board,  Bowers,  Bryan,  Buchanan,  Cobb, 
Covey,  Edley,  Edmondson,  Fisher,  Frye,  Hanraty,  Harrison  of  45,  Hop- 
kins, Humphrey,  Kelly,  Kornegay,  Langley,  Latimer,  Mathis,  Maxey, 
Newell,  Sater,  Stowe,  Tosh  and  Wood  of  8. 

Messrs.  Bilby,  Board,  Bowers,  Covey,  Edmondson,  Hanraty,  Fisher, 
Hopkins,  Latimer,  Langley  and  Newell  had  been  previously  excused. 

A  communication  to  President  Murray  from  Miss  Kate  Barnard,  of 
Oklahoma  City,  was  read,  in  which  she  expressed  her  gratitude  to  the 
Convention  for  the  pen  with  which  the  President  subscribed  the  provision 
for  a  State  Commissioner  of  Charities. 

Mr.  Bowers'  leave  of  absence  was  extended  indefinitely  on  account 
of  sickness. 

The  report  of  the  Commrttee  on  Revision,  Compilation,  Style  and 
Arrangement  was  taken  up  for  consideration;  its  report  upon  Committee 
Report  No.  13,  entitled,  Suffrage,  the  provisions  entitled.  Legislative 
Department,  Judiciary  and  Judicial  Department,  Public  Service  Corpor- 
ations, and  Committee  Report  No.  59,  providing  for  the  manufacture  and 
sale  of  denaturized  alcohol,  etc.,  was  approved,  and  all  of  said  provi- 
sions were  ordered  engrossed  and  placed  upon  third  reading. 

Mr.  Williams  of  108,  moved  the  reconsideration  of  the  provision 
upon  Public  Service  Corporations,  and  the  motion  was  laid  over,  to  be 
acted  upon  at  some  future  time. 

On  motion  of  Mr.  Williams  of  3,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  consideration  of  General  Orders,  with  Mr. 
Hayes  in  the  chair. 

At  the  noon  hour,  the  Committee  of  the  Whole  rose,  President  Mur- 
ray resumed  the  chair,  and  Mr.  Henshaw,  as  Chairman  of  the  Committee 
of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  69,  by  the 
Committee  on  Schedule,  and  thereon,  as  well  as  upon  the  residue  of  the 
matters  referred  to  us,  we  have  made  progress  and  ask  leave  to  sit  again. 

GEO.   A.   HENSHAW,    Chairman. 
On  motion,  the  report  was  adopted. 

A  communication  from  Mr.   F.  W.  Jacobs,  to  President  Murray,  ex- 
pressing approval  of  the  work  of  the  Convention,  was  read. 
The  Convention,  on  motion,  took  recess  until  1:30  p.  m. 


306  JOURNAL  OF  CONSTITUTIONAL 

CONA^NTION   CHA:MBER. 
Afternoon  Session,  Thursday,  March  14,   1907 — 1:30  P.  M. 

Convention  called  to  o/der;   President  Murray  in  the  chair. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  further  consideration  of  General  Orders,  with  Mr.  Henshaw 
in  the  chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Henshaw, 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,,  to 
whom  were  referred  the  General  Orders  of  the  Calendar,  beg  to  report 
that  we  have  had  under  consideration  Committee  Report  No.  69,  by  the 
Committee  on  Schedule,  and  that  thereon,  as  well  as  upon  the  residue  of 
matters  referred  to  us,  we  have  made  progress  and  ask  leave  to  sit  again. 

GEO.  A.  HENSHAW,  Chairman. 

On  motion  of  Mr.  Hausam,  the  report  was  adopted. 

Committee  Report  No.  61,  entitled.  Salaries  and  Compensation  of 
Public  Officers,  was  read  a  third  time  and  placed  upon  its  final  adoption; 
the  vote  to  adopt  same  resulted   as  follows: 

Ayes,   74. 

Akers,  Allen,  Alderson,  Baker,  Berry,  Brewer,  Carney,  Carr,  Caudill, 
Chambers,  Cloud,  Cochran,  Copeland,  Curl,  Bearing,  Ellis,  Gardner, 
Graham,  Harned,  Harrison  of  88,  Haskell,  Hayes,  Helton,  Hendricks, 
Henshaw,  Herring,  Hill,  Hogg,  Hughes,  Hunt,  James,  Johnston,  Jones, 
Kane,  King,  Lasater,  Leahy,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Lit- 
tleton, McCance,  McClain,  Majors,  Messenger,  Mitch,  Moore,  Nelson, 
Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts.  Rogers,  Rose,  Sandlin, 
Savage,  Sorrells,  Swarts,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Wil- 
liams of  97,  Williams  of  108,  Wills,  Wood  of  89,  Wyatt,  Wyly  and  Pres- 
ident Murray. 

Nays,   7. 

Asp,  Cain,  Dalton,  Harris,  Hudson  and  Jenkins. 

Absent,  31. 

Banks,  Bilby,  Board,  Bowers,  Bryant,  Buchanan,  Cobb,  Covey, 
Edley,  Edmondson,  Fisher,  Frye,  Hanraty,  Harrison  of  45,  Hausam, 
Hopkins,  Mathis,  Maxey,  Newell,  Norton,  Safer,  Stowe,  Tosh,  Williams  of 
3,  and  Wood  of  8. 

President  Murray  announced  the  vote,  and  aeclared  that  Commit- 
tee Report  No.  61,  entitled.  Salaries  and  Compensation  of  Public  Officers, 
had  by  this  vote  been  finally  adopted,  and  made  a  part  of  the  Constitu- 
tion of  the  proposed  State  of  Oklahoma,  and  in  the  presence  of  the  Con- 
vention, he  subscribed  the  engrossed  copy  of  same,  as  President  of  the 
Convention. 

On  motion,  the  pen  with   which   the   President  subscribed  this  pro- 


CONVENTION   OF   OKLAHOMA.  307 

vision    was    presented    to    Mr.    Rogers,    Cliairman    of    the    Coniniittee    on 
Salaries  and  Compensation  of  Public  Officers. 

Committee  Report  No.  64,  entitled,  Manufactures  and  Commerce, 
was  read  a  third  time  and  placed  upon  its  final  adoption;  the  vote  to 
adopt  same   resulted   as    follows: 

Ayes,  82. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Berry,  Brewer,  Cain,  Carney, 
Carr,  Caudill,  Chambers,  Cloud,  Cochran,  Copeland,  Curl,  Dalton,  Bear- 
ing, Ellis,  Gardner,  Graham,  Harned,  Harris,  Harrison  of  88,  Haskell, 
Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg, 
Houston,  Hudson,  Hughes,  Hunt,  James,  Jenkins,  Johnston,  Jones,  Kane, 
King,  Lasater,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Lit- 
tleton, McCance,  McClain,  Majors,  Messenger,  Mitch,  Moore,  Nelson,  Park- 
er, Fittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Sav- 
age, Sorrells,  Swarts,  Tenor,  Tracy,  Tucker,  Weaver,  Williams  of  9  7,  Wil- 
liams of  108,  Wills,  Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 

Nays,   0. 

Absent,  30. 

Banks,  Bilby,  Brewer,  Bowers,  Bryant,  Buchanan,  Cobb,  Covey, 
Bdley,  Edmondson,  Fisher,  Frye,  Hanraty,  Harrison  of  45,  Hopkins, 
Humphrey,  Kelly,  Kornegay,  Langley,  Latimer,  McClure,  Mathis,  Maxey, 
Newell,   Norton,    Sater,    Stowe,    Tosh,   Williams   of    3,   and   Wood    of    8. 

President  Murray  announced  the  vote,  and  declared  that  Commit- 
tee Report  No.  64,  entitled.  Manufactures  and  Commerce,  had  by  this 
vote,  been  finally  adopted  and  made  a  part  of  the  Constitution  of  the 
proposed  State  of  Oklahoma,  and  in  the  presence  of  the  Convention,  he 
subscribed  the  engrossed  copy  of  same,  as  President  of  the  Conven- 
tion. 

On  motion,  the  pen  with  which  the  President  subscribed  the  pro- 
vision entitled.  Manufactures  and  Commerce,  was  presented  to  Mr. 
Littlejohn,  Chairman  of  the  Committee  on  Manufactures  and  Com- 
merce. 

On   motion,   the   Convention    took    recess   until    8    p.    m. 

CONVENTION  CHAMBKH. 
Night   Session,    Thuisclay     March    14,    1007 — 8   P.   M. 

Convention  called  to  order;   President  Murray   in  the  chair. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole  for  the  consideration  of  Committee  Report  No.  69  and  Election 
Ordinance. 

After  consideration  of  the  matters  referred  to  it,  the  Committee 
of  the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Heri- 
shaw,  as  Chairman  of  the  Committee  of  the  Whole,  reported  as  fol- 
lows: 


308  JOURNAL  OF  CONSTITUTIONAL 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  Committee  Report  No.  69,  and,  An  Ordinance  Pro- 
viding for  an  Election,  beg  to  report  that  we  have  had  same  under 
consideration  and  recommend  the  adoption  of  Committee  Report  No. 
69,  entitled,  Schedule,  as  amended,  and.  An  Ordinance  for  an  Election, 
as  amended;  that  both  of  same  be  ordered  engrossed  and  referred  to 
the    Committee   on    Revision,    Compilation,    Style    and    Arrangement. 

GEO.    A.    HENSHAW,    Chairman. 

On  motion  of  Mr.  Bearing,  the  report  was  adopted. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  ,the 
Whole,  for  consideration  of  Propositions  Nos.  2  59  and  162,  with  Mr. 
Chambers   in   the   chair. 

After  consideration  of  the  matters  I'eferred  to  it,  the  Committee  of 
the  Whole  rose,  President  Murray  resumed  the  chair,  and  Mr.  Chambers, 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  Propositions  Nos.  2  59  and  162,  of  Committee  Re- 
port No.  15,  and  recommend  for  adoption  a  substitute  therefor  by 
Mr.  Williams  of  108,  and  recommend  that  same  be  ordered  engrossed 
and  referred  to  the  Committee  on  Revision,  Compilation,  Style  and 
Arrangement. 

J.    H.    CHAMBERS,    Chairman. 

On    motion    of   Mr.    Haskell,    the    report    was    adopted. 

The  provision  entitled,  Railroads  and  Public  Service  Corporations, 
was  read  a  third  time  and  placed  upon  its  final  passage;  the  vote  to 
adopt   same   resulted    as    follows: 

Ayes,    75. 

Akers,  Allen,  Alderson,  Baker,  Bowers,  Brewer,  Cain,  Carney, 
Carr,  Caudill,  Chambers,  Cochran,  Copeland,  Curl,  Dalton,  Bearing, 
Ellis,  Gardner,  Graham,  Harrison  of  88,  Haskell,  Hausam,  Hayes, 
Helton,  Hendricks,  Herring,  Hill,  Heuston,  Hogg,  Hughes,  James, 
Johnston,  Kane,  King.  Lasater,  Leeper,  Ledbetter,  Liedtke,  Littlejohn, 
Littleton,  McCance,  McClain,  IMajors,  Messenger,  Mitch,  Nelson,  Parker, 
PIttman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Sav- 
age, Sorrells,  Swarts,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams 
of  97,  Williams  of  108,  Wills,  Wood  of  8,  Wood  of  89,  Wyatt,  Wyly 
and    President   Murray. 

Nays,  4. 

Asp,    Cain,    Harris    and    Hudson. 

Absent,    33. 

Banks,  Berry,  Bilby,  Board,  Bryant,  Buchanan,  Covey,  Cobb,  Cloud, 
Edley,  Edmondson,  Fisher,  Frye,  Hanraty,  Harned,  Harrison  of  45, 
Hopkins,     Humphrey,    Hunt,    Jenkins,    Kelly,    Kornegay,    Langley,    Lat- 


CONVENTION   OF   OKLAHOMA.  309 

imer,    Leahy,    Mathis,    Maxey,    Newell,    Norton,    Sater,    Stowe,    Tosh    and 
Williams    of    3. 

President  Murray  announced  the  vote,  and  declared  that  Commit- 
tee Report  No.  46,  entitled,  Railroads  and  Public  Service  Corporations, 
had  by  this  vote,  been  finally  adopted  and  made  a  part  of  the  Consti- 
tution of  the  proposed  State  of  Oklahoma,  and  in  the  presence  of  the 
Convention,  he  subscribed  the  engrossed  copy  of  said  provision,  as 
President  of   the   Convention. 

On  motion,  of  Mr.  Pittman,  the  pen  with  which  the  President  sub- 
scribed   the    provision,    was    presented    to    Mr.    Williams    of    108. 

Additional    report,    entitled,    Legislative     Department,     was     read    a 
third   time  and  placed   upon   its   final  adoption;    the   vote  to   adopt   same 
resulted   as   follows: 
Ayes,   81. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Bowers,  Brewer,  Cain,  Car- 
ney, Carr,  Caudill,  Chambers,  Cochran,  Copeland,  Curl,  Dalton,  Dear- 
ing,  Ellis,  Gardner,  Graham,  Harned,  Harris,  Harrison  of  88,  Haskell, 
Hausam,  Hayes,  Helton.  Hendricks,  Henshaw,  Herring,  Houston,  Hill, 
Hogg,  Hunt,  James,  Johnston,  Jones,  Kane,  King,  Lasater,  Leahy,  Lee, 
Leeper,  Ledbgtter,  Liedtke,  Littlejohn,  Littleton,  McCance,  McClain, 
McClure,  Majors,  Messenger,  Mitch,  Moore,  Nelson,  Parker,  Pittman, 
Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Savage,  Sorrells, 
Swarts,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  9  7,  Wil- 
liams of  108,  Wills,  Wood  of  8,  Wood  of  89,  Wyat,  Wyly  and  Presi- 
dent Murray. 

Nays,    1.  * 

Hudson. 
Absent,    30. 

Banks,  Berry,  Bilby,  Board,  Bryant,  Buchanan,  Cloud,  Cobb,  Covey, 
Edley,  Edmondson,  Fisher,  Frye.  Hanraty,  Harrison  of  45,  Hopkins, 
Humphrey,  Jenkins,  Kelly,  Kornegay,  Langley,  Latimer,  Mathis,  Maxey, 
Newell,   Norton,    Sater,    Stowe,   Tosh,   Williams   of    3. 

President  Murray  announced  the  vote,  and  declared  that  additional 
report,  entitled,  Legislative  Department,  had  by  this  vote,  been  finally 
adopted  and  made  a  part  of  the  Constitution  of  the  proposed  State  of 
Oklahoma,  and  in  the  presence  of  the  Convention,  he  subscribed  the 
engrossed   copy  of   the   same,   as   President   of   the   Convention. 

On  motion  of  Mr.  Haskell,  the  pen  with  which  the  President  sub- 
scribed the  provision,  was  presented  to  Ham  P.  Bee. 

Committee  Report  No.  64,  entitled.  Trusts,  was  read  a  third  time 
and  placed  on  its  final  passage;  tho  vote  to  adopt  same  resulted  as 
follows: 

Ayes,    82. 

Akers,    Allen,    Alderson,    Asp,    Baker,    Bowers,    Brewer,    Caiin,    Car- 


310  JOURNAL  OF  CONSTITUTIONAL 

ney,  Carr,  Caudill,  Chambers,  Cochran,  Copeland,  Curl,  Dalton,  Bear- 
ing, Ellis,  Gardner,  Graham,  Harris,  Harrison  of  88,  Haskell,  Hausam, 
Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Heuston, 
Hudson,  Hughes,  James,  Jenkins,  Johnston.  Jones,  Kane,  King,  Lasater, 
Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  McCance,  McClain, 
McClure,  Majors,  Messenger,  Mitch,  Moore,  Nelson,  Parker,  Pittman. 
Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Savage,  Sorrells, 
Swarts,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  97,  Wil- 
Williams  of  108,  Wood  of  8,  Wood  of  89,  Wyatt,  Wyly  and  President 
Murray. 

Nays,   0. 

Absent,    30. 

Banks,  Berry,  Bilby,  Board,  Bryant,  Buchanan,  Cloud,  Cobb,  Covey, 
Edley,  Edmondson,  Fisher,  Frye.  Hanraty,  Harrison  of  45,  Hopkins, 
Humphrey,  Hunt,  Kelly,  Kornegay,  Langley,  Latimer,  Mathis,  Maxey, 
Newell,  Norton,  Safer,  Stowe  and  Tosh. 

President  Murray  announced  the  vote,  and  declared  that  Com- 
mittee Report  No.  64,  entitled.  Trusts,  had  by  this  vote,  been  finally 
adopted  and  made  a  part  of  the  Constitution  of  the  proposed  State  of 
Oklahoma,  and  in  the  presence  of  the  Convention,  he  subscribed  the 
engrossed  copy  of  the  same,   as  President  of  the  Convention. 

On  motion,  the  pen  with  which  the  President  subscribed  the  provision, 
was   presented   to   Mr.    Gardner. 

Additional  Judicial  Report,  entitled.  Judiciary,  was  read  a  third 
time  and  placed  upon  its  final  passage;  the  vote  to  adopt  the  same 
resulted  as  follows: 

Ayes,  75. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Bowers,  Brewer,  Cain,  Carney, 
Carr,  Caudill,  Chambers,  Cochran,  Copeland,  Curl,  Bearing,  Balton,  Ellis, 
Gardner,  Graham,  Harris,  Harrison  of  88,  Hausam,  Hayes,  Helton,  Hen- 
dricks, Henshaw,  Herring,  Hill,  Hogg,  Heuston,  Hudson,  James,  John- 
ston, Jones,  Kane,  King,  Lasater,  Latimer,  Leahy,  Leeper,  Ledbetter, 
Littlejohn,  Littleton,  McCance,  McClain,  McClure,  Majors,  Messenger, 
Mitch,  Moore,  Nelson,  Parker,  Pittman,  Quarles.  Ramsey,  Rice,  Rob- 
erts, Rogers,  Rose,  Sandlin,  Savage,  Sorrells,  Swarts,  Tenor,  Tracy 
Tucker,  Turner,  Weaver,  Williams  of  97,  Williams  of  108,  Wood  of  89 
Wyatt,   Wyly   and   President   Murray. 

Nays,   0. 

Absent,    30. 

Banks,  Berry,  Bilby,  Board,  Bryant,  Buchanan,  Cloud,  Cobb,  Covey, 
Edley,  Edmondson,  Fisher,  Frye,  Hanraty,  Harrison  of  45,  Hopkins, 
Humphrey,  Hunt,  Jenkins,  Kelly.  Kornegay,  Langley,  Mathis,  INIaxey, 
Newell,  Norton,  Safer,  Stowe,  Tosh   and  Williams  of  3. 

President   Murray   announced   the  vote,   and   declared   that  the   pro- 


CONVENTION    OF   OKLAHOMA.  311 

vision  entitled,  Judiciary,  had  by  this  vote,  been  finally  adopted  and 
made  a  part  of  the  Constitution .  of  the  proposed  State  of  Oklahoma, 
and  in  the  presence  of  the  Convention,  he  subscribed  the  engrossed 
copy   of   same,   as   President   of   the   Convention. 

On  motion,  the  pen  with  which  the  President  subscribed  this  pro- 
vision, was  presented  to  Mr.  Hayes. 

Committee  Report  No.  5  3,  entitled,  Municipal  Corporations,  was 
read  a  third  time  and  placed  upon  its  final  passage;  the  vote  to  adopt 
same  resulted   as  follows: 

Ayes,   75. 

Akers,  Allen,  Alderson,  Bowers,  Brewer,  Cain,  Carney,  Carr,  Cau- 
dill.  Chambers,  Cochran,  Copeland,  Curl,  Dalton,  Bearing,  Ellis,  Gard- 
ner, Graham,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Helton,  Hen- 
dricks, Henshaw,  Herring,  Hill,  Hogg,  Heuston,  Hughes,  James,  Jenkins, 
Johnston,  Jones,  Kane,  King,  Lasater,  Leahy,  Lee,  Leeper,  Ledbetter,  Lied- 
tke,  Littlejohn,  Littleton,  McCanco,  McClain,  Majors,  Messenger,  Mitch.' 
Moore,  Nelson,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers, 
Rose,  Sandlin,  Savage,  Sorrells,  Swarts,  Tenor,  Tracy,  Turner,  Weaver, 
Williams  of  97,  Williams  of  108,  Wills,  Wood  of  S,  Wood  of  89,  Wyatt, 
Wyly  and   President  Murray. 

Nays,    5. 

Asp,    Baker,    Harris,    Hudson    and    McClure. 

Absent,   32. 

Banks,  Berry,  Bilby,  Board,  Bryant,  Buchanan,  Cloud,  Cobb, 
Covey,  Edley,  Edmondson,  Fisher,  Frye,  Hanraty,  Harned,  Harrison  of 
45,  Hopkins,  Humphrey.  Hunt,  Kelly,  Kornegay,  Langley,  Latimer 
Mathis,   Maxey,   Newell,   Norton,    Sater,    Stowe,    Tosh   and   Williams  of    3 

President  Murray  announced  the  vote,  and  declared  that  Com 
mittee  Report  No.  53,  entitled.  Municipal  Corporations,  had  by  this 
vote,  been  finally  adopted  and  made  a  part  of  the  Constitution  of  the 
proposed  State  of  Oklahoma,  and  in  the  presence  of  the  Convention 
he  subscribed  an  engrossed  copy  of  the  same,  as  President  of  the  Con 
vention. 

On  motion,  the  pen  with  which  the  President  subscribed  the  pro- 
vision, was  presented  to   Mr.   Hughes. 

Committee  Report  No.  58,  entitled.  Legislative  Department,  was 
read  a  third  time  and  placed  on  its  final  passage;  the  vote  to  adopt 
same  resulted  as  follows: 

Ayes,   78. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Bowers,  Brewer,  Cain,  Car- 
ney, Carr,  Caudill,  Chambers,  Cochran,  Copeland,  Curl,  Dalton,  Dear- 
ing,  Ellis,  Gardner,  Graham,  Harrison  of  88,  Haskell,  Hausam,  Hayei, 
Helton,  Hendricks,  Henshaw,  Herring,  Heuston,  Hill,  Hughes,  James, 
Johnston,   Jones,   Kane,  King,  Lasater,   Lee,   Leeper,   Ledbetter,   Liedtke, 


312  JOURNAL  OF  CONSTITUTIONAL 

Littlejohn,  Littleton,  McCance,  McClure,  Majors,  Messenger,  Mitch, 
Moore,  Nelson,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers, 
Rose,  Sandlin,  Savage,  Sorrells,  Swarts,  Tenor,  Tracy,  Tucker,  Turner, 
Weaver,  Williams  of  9  7,  Willianio  of  108,  Wills,  Wood  of  8,  Wood  of 
89,  Wyatt,  Wyly  and  President  Murray. 

Nays,    2. 

Harris    and    Hudson. 

Absent,    3  2. 

Banks,  Berry,  Bilby,  Board,  Bryant,  Buchanan,  Cloud,  Cobb,  Covey, 
Edley,  Edmondson,  Fisher,  Frye;  Hanraty,  Harned,  Harrison  of  45: 
Hopkins,  Humphrey,  Hunt,  Jenkins,  Kelly,  Kornegay,  Langley,  Lati- 
mer, Mathis,  Maxey,  Newell,  Norton,  Sater,  Stowe,  Tosh  and  Williams 
of    3. 

President  Murray  announced  the  vote,  and  declared  that  Commit- 
tee Report  No.  5  8,  entitled.  Legislative  Department,  had  by  this  vote, 
been  finally  adopted  and  made  a  part  of  the  Constitution  of  the  pro- 
posed State  of  Oklahoma,  and  in  the  presence  of  the  Convention,  he 
subscribed  the  engrossed  copy  of  same,   as  President  of  the  Convention, 

On  motion,  the  pen  with  which  the  President  subscribed  this  pro- 
vision,   was    presented    to    Mr.    Johnston. 

Mr.   Johnston,   on   behalf  of  Mr.   F.   B.    Lillie,    of   Guthrie,   presented- 
to  the  Convention  a  flag,  on  which  is  borne  forty-six  stars,  representing 
the   new   State   of   Oklahoma,   and   the   forty-five   other   States. 

On  motion  of  Mr.  Chambers,  the  flag  was  accepted,  the  Sergeant- 
at-Arms  was  ordered  to  place  the  same  upon  the  flag-staff  and  hang  at 
the  entrance  of  the  Convention  Chamber  tomorrow  morning,  and  a  vote 
of  thanks  was  tendered  Mr.  Lillie. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  consideration  of  Special  Orders,  with  Mr.  Henshaw  in  the 
chair. 

After  consideration  of  the  matter  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Henshaw, 
as  Chairman  of  the  Committee  of  the  Whole,   reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  the  Special  Orders,  beg  to  report  that  we  have 
had  under  consideration,  a  proposed  new  section  to  the  Ordinance  Pro- 
viding for  An  Election,  and  recommend  that  same  be  adopted. 

GEO.    A.    HENSHAW,    Chairman. 

The   report  was   adopted. 

On  motion,  the  Convention  took  recess  until  9  a.  m.,  Friday, 
March   15,    1907. 


CONVENTION   OF   OKLAHOMA.  313 

CONVKNTION   CHAMHI-K. 
Moiniiifj;   Session,    Fiulay,    March    15,    1!)07 — 9    A.    M. 

Convention  called  to  order;   President  Murray  in  the  chair. 

Invocation  by  the  Chaplain. 

Roll  called;    a  quorum  present. 

Absent:  Messrs.  Banks,  Bilby,  Board,  Bryant,  Buchanan,  Cobb. 
Covey,  Edley,  Edmondson,  Fisher,  Frye,  Hanraty,  Harrison  of  45,  Hop- 
kins, Humphrey,  Kelly,  Kornegay,  Langley,  Latimer,  Mathis,  Majors, 
Maxey,  Newell,  Norton,  Sater,  Stowe  and  Tosh,  all  of  whom  had  pre- 
viously been  excused. 

Mr.  Tenor,  Chairman  of  the  Comi^aittee  on  Convention  Accounts, 
nied  report,  which  was  received  and  ordered  spread  upon  the   minutes. 

Said    report    is    as    follows: 

Mr.  President:  Your  Committee  on  Convention  Accounts  and 
Expenses,  to  whom  was  referred  the  duty  of  procuring  an  itemized 
statement  of  the  funds  expended  for  the  disbursing  officer  of  the  Gov- 
ernment, as  provided  for  in  the  Enabling  Act,  up  to  the  present  time, 
respectfully  submits  the  following  attached  statement,  furnished  by  said 
disbursing  officer,  Chas.  H.  Filson: 
"Honorable   H.   O.    Tenor,    Guthrie.   Oklahoma. 

"Dear  Sir: — I  have  the  honor  to  acknowledge  receipt  of  youf 
favor  of  the  9th  inst.,  requesting  that  1  furnish  you  a  statement  of  the 
expenses  of  the  Constitutional  Convention  thus  far  paid  out  of  the 
Federal  appropriation,  together  with  expenses  of  the  Districting  Board, 
printing  supplies,  holding  election,  election  paraphernalia,  expense  of 
deliverj',    etc. 

"I  regret  that  it  is  impossible  for  me  to  furnish  you  the  itemized 
list  of  all  these  expenses.  When  Congress  designated  the  Secretary  of 
Oklahoma  as  the  Disbursing  Agent  of  the  fund  to  defray  the  expenses- 
of  the  election  and  the  Constitutional  Convention,  it  made  no  pro- 
vision whatever  for  additional  clerk  hire  or  help;  and  as  I  have  issued 
10,120  checks,  and  have  separate  vouchers  for  each  item,  it  will  be 
readily  seen  that  the  labor  involved  in  furnishing  the  information 
requested  would  be  considerable. 

"I  .take  pleasure  in  submitting  herewith  a  list  of  the  Convention 
expenses  under  the  several  heads,  together  with  a  statement  of  the 
cash  on  hand.  The  balance  of  the  money,  to-wit:  $41, 7 fj 9. 62,  was  the 
amount  paid  out  by  me  on  the  expenses  of  holding  the  elections  in 
Oklahoma  and  Indian  Territory. 

The  amounts  disbursed  by  me  for  Convention  expenses  are  as 
follows: 


314  JOURNAL  OF  CONSTITUTIONAL 

For    mileage    to    members $    5,890.00 

For    pay    to    members 27,000.00 

For   pay  to   clerks  and   employes 16,647.00 

For    rent    of    hall    and    committee    rooms,    and    for    furniture. 

lights,    fuel    and    current   expenses ' 6,094.54 

For   stationery   ar-d    printing 1,777.75 

$57,409.29 
The  stationery  and  printing  was  furniched  by  the  following  firms: 

Interior  Department   U.   S $    1,132.38 

K.    C.    Paper    House 114.50 

Carpenter    Paper    Co 20.5  2 

State    Capital    Co 165,00 

Oklahoma    Printing   Co 215.10 

Leader     Printing     Co 27.00 

E.    A.    Axtell -25 


$1,777.75 
A  bill  of  the  Leader  Printing  Co.,  in  the  sum  of  $5,333.00,  for 
printing  to  December  20th,  1906,  approved  by  the  Printing  Committee 
of  the  Constitutional  Convention,  was  presented  for  payment  in  this 
office  on  March  8th,  and  was  transmitted  by  me  to  the  Department  of 
the  Interior  for  instructions. 

No  ballot  boxes  or  booths  were  furnished  to  election  precincts  in 
Oklahoma.  All  other  election  supplies,  aside  from  these  two  items 
were  supplied  the  precincts  of  Oklahoma  Territory. 

Cash  unexpended  at  this  time  in  my  custody,  $831.09. 
I  trust  this  will  furnish  you  the  information  desired. 

Very   respectfully, 

CHAS.    H.    FILSON. 
Mr.   King,   Vice-Chairman   of   the   Committee  on   Rules,   filed   report, 
which  was  received  and  approved  of  as  follows: 
To    the    Constitutional    Convention: 

We,  your  Committee  on  Rules,  beg  leave  to  report  that  by  resolu- 
tion of  this  Convention,  adopted  January  4,  1907,  this  committee  was 
empowered  and  charged  with  the  duty  of  investigating  all  charges  rel- 
ative to  the  use  or  attempted  use  of  corrupt  and  unlawful  means  to  influ- 
ence the  action  of  the  Convention,  its  committees,  or  any  of  its  mem- 
bers, in  any  matter,  pending  before  the  Convention,  or  any  of  its  com- 
mittees. 

Under  separate  resolution,  subsequently  passed,  your  committee 
investigated  and  reported  on  charges  relative  to  the  location  of  the 
County  Seat  of  the  proposed  County  of  Harper,  and  concerning  which 
this  report  does  not  deal. 


CONVENTION   OF   OKLAHOMA.  315 

No  charges  were  filed  with  your  committee  against  any  Delegate 
to  this  Convention.  Your  committee  caused  to  be  subpoenaed  and  exam- 
ined before  it,  some  twenty  witnesses,  relative  to  said  matter,  and 
after  having  made  every  reasonable  effort  to  discover  and  obtain  evi- 
dence of  the  use  or  attempted  use  of  any  corrupt  or  unlawful  means, 
to  influence  the  action  of  any  Delegate  to  this  Convention,  touching  any 
of  the  matters  pending  or  which  have  been  pending  before  it,  or  any 
of  its  committees,  your  committee  has  to  report:  That  no  evidence 
has  been  produced  before,  it,  nor  has  it  been  able  to  obtain  any  evi- 
dence, or  tending  to  prove,  to  use  or  attempted  use  of  corrupt,  improper 
or  unlawful  means  to  influence  the  vote  or  action  of  any  Delegate  to 
this  Convention  in  any  matter  now  or  heretofore  pending  before  it  or 
any  of  its  committees. 

The  papers  in  the  case,  together  with  the  transcript  of  the  evidence 
taken,  are  herewith  returned.     All  of  which  is  respectfully  submitted. 

J.   F.  KING.  Vice-chairman. 
C.    H.    PITTMAN, 
S.    W.    HAYES. 
J.    M.    SANDLIN. 
HENRY    S.    JOHNSTON. 

Supplemental  Report  No.  37,  entitled.  Homesteads  and  Exemptions, 
was  read  a  third  time  and  placed  upon  its  final  passage;  the  vote  to 
adopt   same    resulted    as    follows: 

Ayes,    81. 

Akers,  Allen,  Alderson,  Asp,  Berry,  Bowers,  Brewer,  Cain,  Carney, 
Carr,  Caudill,  Chambers,  Copeland,  Cochran,  Dalton,  Dearing,  Ellis, 
Gardner,  Graham,  Harned,  Harris,  Harrison  of  88,  Haskell,  Hausam. 
Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Heuston, 
Hudson,  Hunt,  James,  Jones,  Johnston,  Kane,  King,  Lasater,  Lee, 
Leeper,'  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McCance,  McClain, 
Majors,  Messenger,  Mitch,  Moore,  Nelson,  Parker,  Pittman,  Quarles, 
Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Savage,  Sorrells,  Swarts, 
Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  97,  Williams  of 
108,  Wills,  Wood  of  8,  Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 

Nays,  0. 

Absent,   31. 

Banks,  Bilby,  Board,  Bryant,  Buchanan,  Cloud,  Cobb,  Covey, 
Edley,  Edmondson,  Fisher,  Frye,  Hanraty,  Harrison  of  45,  Hop- 
kins, Humphrey,  Jenkins,  Kelly,  Kornegay,  Langley,  Latimer,  Leahy, 
McClure,  Mathis,  Maxey,  Newell,  Norton,  Sater,  Stowe,  Tosh  and  Wil- 
liams  of    3. 

President  Murray  announced  the  vote,  and  declared  that  the  pro- 
vision entitled.  Homesteads  and  Exemptions,  had  by  this  vote,  been 
finally   adopted   and    made   a   part    of   the   Constitution   of   the    proposed 


316  JOURNAL  OF  CONSTlTUTIOiNAL 

State    of    Oklahoma,    and    in    the    presence    of    the    Convention,    he    sub- 
scribed an  engrossed  copy  of  the  same,  as  President  of  the  Convention. 

On  motion,  the  pen  with  which  the  President  subscribed  the  pro- 
vision, was  presented  to  Mr.   Ellis. 

Committee  Report  No.  59,  relating  to  Denaturized  Alcohol,  was 
read  third  time  and  placed  upon  its  final  passage;  the  vote  to  adopt 
same  resulted  as  follows: 

Ayes,    81. 

Akers,  Allen,  Alderscn,  Asp,  Baker,  Berry,  Bowers,  Brewer,  Cain, 
Carney,  Carr,  Caudill,  Chambers,  Cochran,  Dalton,  Bearing,  Ellis,  Gar^d- 
ner,  Graham,  Harned,  Harris,  Harrison  of  88,  HasKell,  Hausam,  Hayes, 
Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Heuston,  Hudson, 
Hunt,  James,  Johnston,  Jones,  Kane,  King,  Lasater,  Lee,  Leeper,  Led- 
better,  Liedtke,  Littlejohn,  Littleton,  McCance,  McClain,  Majors,  Mes- 
senger, Moore,  Mitch,  Nelson,  Parker,  Pittman,  Quarles,  Ramsey,  Rice, 
Roberts,  Rogers,  Rose,  Sandlin,  Savage,  Sorrells,  Swarts,  Tenor,  Tracy, 
Tucker,  Turner,  Weaver,  Williams  of  97,  Williams  of  108,  Wills,  Wood 
of  8,  Wood  of    89,  Wyly,  Wyatt  and   President    :\Iurray. 

Nays,   0. 

Absent,   31. 

Banks,  Bilby,  Board,  Bryant,  Buchanan,  Cloud,  Cobb,  Covey,  Edley, 
Edmondson,  Fisher,  Frye,  Hanraty,  Harrison  of  45,  Hopkins,  Humphrey, 
Jenkins,  Kelly,  Kornegay,  Langley,  Latimer,  Leahy,  McClure,  Mathis, 
Maxey,  Newell,  Norton,   Sater,   Stowe,  Tosh  and  Williams  of   3. 

President  Murray  announced  the  vote,  and  declared  that  the  pro- 
vision had  by  this  vote,  been  finally  adopted  and  made  a  part  of  the 
Constitution  of  the  proposed  State  of  Oklahoma,  and  in  the  presence 
of  the  Convention,  he  subscribed  the  engrossed  copy  of  same,  as  Pres- 
ident   of   the    Convention. 

On  motion,  the  pen  with  which  this  provision  was  subscribed,  was 
given   to    Mr.    Copeland. 

Committee  Report  No.  66,  entitled,  Executive  Department,  was  read 
a  third  time  and  placed  upon  its  final  passage,  and  the  vote  to  adopt 
same  resulted  as  follows: 

Ayes,  84. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Berry,  Bowers,  Brewer,  Cain, 
Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cochran,  Copeland,  Curl,  Dal- 
ton, Bearing,  Ellis,  Gardner,  Graham,  Harned,  Harris,  Harrison  of  88, 
Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill, 
Hogg,  Heuston,  Hughes,  Hudson,  Hunt,  James.  Jenkins,  Johnston,  Jones, 
Kane,  Lasater,  Lee,  Leeper,  Liedtke,  Littlejohn,  Littleton,  McCance, 
McClain,  McClure,  Majors,  IMessenger,  Mitch,  Moore,  Nelson,  Parker: 
Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Savage, 
Sorrells,    Swarts,    Tenor,    Tracy,    Tucker,    Turner,    Weaver,    Williams    of 


CONVENTION   OF   OKLAHOMA.  317 

97,  Williams  of   108,  Wills,  Wood  of   8,   Wood  of   89,   Wyatt,  Wyly  and 
President   Murray. 
Nays,   0. 
Absent,    28. 

Banks,  Bilby,  Board,  Bryant,  Buchanan,  Cobb,  Covey,  Edmondson, 
Fisher,  Frye,  Hanraty,  Harrison  of  4  5,  Hopkins,  Humphrey,  Kelley, 
Kornegay,  Langley,  Latimer,  Leahy,  Maxey,  Mathis,  Newell,  Norton, 
Sater,   Stowe,   Tosh  and  Williams  of   3. 

President  Murray  announced  the  vote,  and  declared  that  Commit- 
tee Report  No.  66,  entitled.  Executive  Department,  had  by  this  vote, 
been  finally  adopted  and  made  a  part  of  the  Constitution  of  the  pro- 
posed State  of  Oklahoma,  and  in  the  presence  of  the  Convention,  he  sub- 
scribed the  engrossed  copy  of  same,  as  President  of  the  Convention. 

On  motion,  the  pen  with  which  the  President  subscribed  the  pro- 
vision, was  presented  to  Mr.  Parker. 

Committee   Report   No.    2,    entitled.    Preamble,    was   read    the   third 
time  and   placed  on  its   final   passage;    the  vote  to   adopt  same   resulted 
as    follows: 
Ayes,  83. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Berry,  Bowers,  Brewer,  Cain, 
Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cochran,  Copeland,  Curl,  Dal- 
ton.  Bearing,  Ellis,  Gardner,  Graham,  Harned,  Harrison  of  88,  Harris, 
Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hogg, 
Hill,  Heuston,  Hug-^hes,  Hudson,  Hunt,  James,  Johnston,  Jones,  Kane, 
King,  Lasater,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Lit- 
tleton, McCance,  McClain,  Majors,  Messenger,  Mitch,  Moore,  Nelson, 
Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin, 
Savage,  Sorrells,  Swarts,  Tenor,,  Tracy,  Tucker,  Turner,  Weaver,  Wil- 
liams of  97,  Williams  of  108,  Wills,  Wood  of  8,  Wood  of  89,  Wyatt, 
Wyly  and  President  Murray. 
Nays,  0. 
Absent,   2  9. 

Banks,  Bilby,  Board,  Bryant,  Buchanan,  Cobb,  Covey,  Edley,  Ed- 
mondson, Fisher,  Frye,  Hanraty,  Harrison  of  45,  Hopkins.  Humphrey, 
Jenkins,  Kelly,  Kornegay,  Langley,  Latimer,  McClure,  Mathis,  Maxey, 
Newell,    Norton,    Sater,    Stowe,    Tosh    and   Williams    of    3. 

President  Murray  announced  the  vote,  and  declared  that  Commit- 
tee Report  No.  2,  entitled.  Preamble,  had  by  this  vote,  been  finally 
adopted  as  a  part  of  the  Constitution  of  the  proposed  State  of  Okla- 
homa, and  in  the  presence  of  the  Convention,  he  subscribed  the  en- 
grossed copy   as   President  of  the  Convention. 

On  motion,  the  pen  with  which  the  President  subscribed  the  pro- 
vision,  was  presented  to  Chaplain   Naylor. 


3 IS  JOURNAL  OF  CONSTITUTIONAL 

The  Report  of  the  Special  Committee,  entitled,  The  Great  Seal  of 
the  State  of  Oklahoma,  was  read  a  third  time  and  placed  upon  its  final 
passage;    the   vote   to   adopt  same   resulted   as   follows: 

Ayes,  81. 

Akers,  Allen,  Alderson,  Asp,  Bsker,  Berry  Bowers,  Brewer,  Cain, 
Carney,  Carr,  Caudill,  Chambers,  Cochran,  Copeland,  Curl,  Dalton, 
Bearing,  Ellis,  Gardner,  Harned,  Harris,  Harrison  of  88,  Haskell, 
Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg, 
Heuston,  Hudson,  Hughes,  Hunt,  James,  Johnston,  Jones,  Kane,  King, 
Lasater,  Lee,  Leeper,  Ledhetter,  Liedtke,  Littiejohn,  McCance,  McClain, 
Majors,  Messenger,  Mitch,  Moore,  Nelson,  Parker,  Pittman,  Quarl«s, 
Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Savage,  Sorrells,  Swarts, 
Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  9  7,  Williams  of 
108,  Wills,  Wood  of  8,  Wood  of  89,  Wyatt,  Wyly  and  President  Mur- 
ray. 

Nays,  0. 

Absent,    31. 

Banks,  Bilby,  Board,  Bryant,  Buchanan,  Cloud,  Cobb,  Covey,  Edley, 
Edmondson,  Fisher,  Frye,  Harrison  of  45,  Hopkins,  Humphrey,  Jenkins, 
Kelly,  Kornegay,  Latimer,  Langley,  Leahy,  McClure,  Mathis,  Maxey, 
Newell,   Norton,    Safer,    Stowe,    Tosh    and    Williams   of    3. 

President  Murray  announced  the  vote,  and  declared  that  the  pro- 
vision entitled,  The  Great  Seal  of  the  State  of  Oklahoma,  had  by  this 
vote,  been  finally  adopted  and  made  a  part  of  tho  Constitution  of  the 
proposed  State  of  Oklahoma,  and  in  the  presence  of  the  Convention,  he 
subscribed  the  engrossed  copy  of  same,  as  President  of  the  Convention. 

On  motion,  the  pen  with  which  the  President  subscribed  the  pro- 
vision,   was   presented   to   Mr.   Haskell. 

Committee  Report  No.  5  8,  entitled.  Restrictions  on  Legislative 
Branch,  was  read  a  third  time  and  placed  upon  its  final  passage;  the 
vote   to  adopt  same   resulted   as   follows: 

Ayes,   81. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Berry,  Bowers,  Cain,  Carney, 
Cobb,  Caudill,  Chambers,  Cloud.  Cochran,  Copeland,  Curl,  Dalton,  Bear- 
ing', Ellis,  Gardner,  Graham,  Harned,  Harris,  Harrison  of  88,  Haskell, 
Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg, 
Heuston,  Hudson,  Hughes,  Hunt,  James,  Jenkins,  Johnston,  Jones,  Kane, 
King,  Lasater,  Leahy,  Leeper,  Ledhetter,  Liedtke,  Littiejohn,  Littleton, 
McClain,  McClure,  Majors,  Messenger,  Mitch,  Moore,  Nelson,  Norton, 
Parker,  Swarts,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  97, 
Williams  of  108,  Wills.  Wood  of  8,  Wood  of  89,  Wyatt  and  President 
Murray. 

Nays,  0. 

Absent,   31. 


CONVENTION   OF   OKLAHOMA.  319 

Banks,  Bilby,  Board,  Bryant,  Buchanan,  Cobb,  Covey,  Edley,  Ed- 
mondson,  Fisher,  Wyatt,  Hanraty,  Harrison  of  4  5,  Hopkins,  Humphrey, 
Kelly,  Kornegay,  Langley,  Latimer,  Mathis,  Maxey,  Mitch,  Newell,  Sater, 
Stowe,   Tosh  and  Williams  of   3. 

President  Murray  announced  the  vote,  and  declared  that  the  pro- 
vision had  by  this  vote,  been  finally  adopted,  and  made  a  part  of  the 
Constitution  of  the  proposed  State  of  Oklahoma,  and  in  the  presence 
of  the  Convention,  he  subscribed  the  engrossed  copy  of  the  same,  as 
President  of  the  Convention. 

On  motion,  the  pen  with  which  this  provision  was  subscribed,  was 
given    to    Mr.   Alderson. 

Committee   Report   No.    15,    being   a    substitute    for    Proposition    No. 
2  5  9,  thereof,  was  read   a  third  time  and   placed   upon   its   final   passage; 
the  vote  to  adopt  same  resulted  as  follows: 
Ayes,    83. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Berry,  Bowers,  Brewer,  Cain, 
Carney,  Caudill,  Chambers,  Cloud,  Cochran,  Copeland,  Curl,  Dalton, 
Dearing,  Ellis,  Gardner,  Graham,  Harris,  Harrison  of  8  8,  Haskell, 
Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg. 
Heuston,  Hughes,  Hunt,  James,  Johnston,  Jones,  Kane,  King,  Lasater, 
Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McCance, 
McClain,  Majors,  Messenger,  Mitch,  Moore,  Nelson,  Parker,  Pittman. 
Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Savage,  Sorrells, 
Swarts,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williaips  of  97,  Wil- 
liams of  108,  Wills,  Wood  of  8,  Wood  of  89,  Wyatt,  Wyly  and  President 
Murray. 

Nays,  0. 
Absent,    29. 

Banks,  Bilby,  Board,  Bryant,  Buchanan,  Cobb,  Covey,  Edley,  Ed- 
mondson,  Fisher,  Frye,  Hanraty,  Plarned,  Harrison  of  4  5,  Hopkins,  Hum- 
phrey, Jenkins,  Kelly,  Kornegay,  Langley,  Latimer,  McClure,  Mathis, 
Maxey,  Newell,  Norton,.  Sater,  Stowe,  Tosh  and  Williams  of  3. 

President  Murray  announced  the  vote,  and  declared  that  the  pro- 
vision had  by  this  vote,  been  finally  adopted  and  made  a  part  of  the 
Constitution  of  the  proposed  State  of  Oklahoma,  and  in  the  presence 
of  the  Convention,  he  subscribed  the  engi-ossed  copy  of  same,  as  Presi- 
dent of   the   Convention. 

On  motion,  the  pen  with  which  the  President  subscribed  the  pro- 
vision,  was  presented   to   Mr.   Graham. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  consideration  of  the  Committee  Report  No.  69,  entitled.  The 
Schedule,  with  Mr.  Hausam  in  the  chair. 

After  consideration   of  the  matter  referred  to  it,   the   Committee  of 


320  JOURNAL  OF  CONSTITUTIONAL 

the  Whole  rose,  President  Murray  resumed  the  chair,  and   Mr.   Hausam, 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows:- 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  was  referred  Committee  Report  No.  69,  beg  to  report  that  we  have 
had  same  under  consideration  and  recommend  that  it  be  adopted,  ordered 
engrossed  and  passed  to  its  third  reading  and  final  passage,  as  amended 
in   Committee  of  the  Whole. 

A.    L.  HAUSAM,   Chairman. 

President  Murray  introduced  Resolution,  which  was  adopted  as  fol- 
lows: 

RESOLUTION  OF  RESPECT. 

Guthrie,  Oklahoma,  March  11,  1907. 

That  whereas,  this  Convention,  having  been  in  session  for  a  long 
period  of  time  in  the  City  Building,  in  the  City  of  Guthrie,  Oklahoma. 

And  such  building  being  all  of  said  time,  under  the  joint  control  of 
the  Constitutional  Convention  and  the  Hon.  John  P.  Gates,  Chief  of 
Police  of  said  City;  and. 

Whereas,  Said  Hon.  John  P.  Gates  has  unitormly  been  obliging  to  all 
members  of  this  Convention,  and  in  every  way  and  has  done  everything 
possible   to   accommodate   the    Delegates   in    their   labors. 

Be  it  resolved.  That  this  Convention  tender  the  thanks  of  the  Dele- 
gates to  the  Hon.  John  P.  Gates,  Chief  of  Police  of  the  City  of  Guthrie, 
Oklahoma,  and  express  therein  the  high  respect  and  appreciation  in  which 
he  is  held. 

On  motion  of  Mr.  Hayes,  the  per  diem  of  Miss  Josephine  Schott  was 
increased  to  $6.00  per  day  from  the  15th  day  of  February,  1907,  when 
she  was  transferred  from  the  position  of  Committee  Clerk  to  the  Engross- 
ing  Department. 

On  motion  of  Mr.  Hayes,  votes  of  thanks  were  tendered  to  Hon. 
Chas.  H.  Filson,  Secretary  of  the  Territory  of  Oklahoma,  and  to  Hon. 
J.  W.  Foose,  Territorial  Librarian,  for  their  exceedingly  kind  treatment 
and  the  many  courtesies  shown  the  members  and  officers  during  the 
session. 

On  motion  of  Mr.  Pittman,  a  vote  of  thanks  was  given  the  minority 
leader,  Mr.  Henry  E.  Asp,  for  his  valuable  services  and  his  many  courte- 
sies to  the  members. 

Delegate  Sandlin  offered  the  following  resolution,  which  was  unani- 
mously adopted: 

Resolved,  That  the  Guthrie  Daily  Leader  be  declared  the  official 
paper  of  the  State  of  Oklahoma. 

Mr.  Hughes  presented  the  following,  which  on  motion,  was  made 
a  part  of  the  record,  and  is  as  follows: 

Nothing  has  happened  in  this  Convention  to  better  mark  the  great- 


CONVENTION   OF   OKLAHOMA.  321 

ness  of  Mr.  Haskell  than  the  broken  and  trembling  voice  in  which  he 
spoke  a  few  minutes  ago.  When  a  strong  general,  who  has  fought  the 
battles  of  the  people  without  fear  or  tremor,  as  he  has  in  this  Conven- 
tion, finds  his  heart  too  full  for  easy  speech  in  accepting  a  token  of  our 
esteem,  we  know  that  a  heart. as  well  as  a  brain  resides  within  the  man. 
On  motion  of  Harned,  a  vote  of  thanks  was  given  to  Mr.  Fred  L. 
Wenner,    Secretary    of   the   School    Land   Board. 

President  Murray  announced  the  appointment  of  the  following  gen- 
tlemen as  an  Editing  Committee:  Henshaw,  Johnston,  Williams  of  10  8, 
Helton,  Carney,  Hayes  and  King. 

On  motion  of  Mr.  Hayes,  the  appointment  was  confirmed,  and  the 
name  of   President   Murray   added. 

Mr.  Ledbetter  introduced  the  following  resolution,  which  was 
adopted: 

Resolved,  That  the  President  of  this  Convention  be,  and  he  is 
hereby  authorized  and  empowered  to  appoint  a  committee  consisting  of 
four  members  of  the  Convention,  to  prepare  an  address  to  the  people  of 
the  State  upon  the  salient  features  of  the  Constitution,  and  that  said 
committee  report  said  address  to  the  Convention  when  it  I'econvenes 
after  recess. 

Mr.  Ledbetter  introduced  the  following  resolution,  which  was 
adopted: 

Resolved,  That  the  Convention  tender  a  vote  of  thanks  to  Col. 
Robert  L.  Owen,  of  Muskogee,  for  his  efforts  in  behalf  of  the  Convention 
and  the  people  of  the  State,  at  Washington  this  winter. 

Mr.  Baker  introduced  the  following  resolution,  which  was  adopted: 

Resolved,  That  we  do  now  tender  our  thanks  to  the  Hon.  Dr.  J.  W. 

Duke,  Mayor  of  the  City  of  Guthrie,  and  to   all  the  citizens   of  Guthrie 

for   their  many   acts  of   kindness   and   courtesy  to   the  members  of  this 

Convention   during  our  stay   in   the    City. 

President  Murray  appointed  as  the  Election  Finance  Committee. 
provided  for  by  the  Ordinance  on  Elections,  the  following  named  gen- 
tlemen: F.  M.  Gault,  Geary,  Okla.;  Ed.  F.  Johns,  Chickasha,  1.  T.; 
C.  L.  Long,  Wewoka,  L  T. 

Mr.  Johnston  introduced  the  following  resolution,  which  was 
adopted: 

Resolved,  That  the  President  and  Secretary  of  this  Convention  be 
and  are  hereby  authorized  to  audit  and  aj)prove  all  claims  and  demands 
for  service  of  employes  and  other  expenses  of  the  Convention,  incurred  on 
account  of  this  Convention. 

And  that  the  duly  verified  vouchers,  so  audited  and  approved  by 
the  President  and  Secretary,  shall  be  the  basis  of  settlement,  and  payment 
thereof,  by  any  disbursing  officers  in  possession  of  funds  wherewith  to  pay 
such  deficiency.' 


322  JOURNAL  OF  CONSTITUTIONAL 

Rev.  B.  J.  Waiigh,  of  Shawnee,  being  present,  was  invited  and  ad- 
dressed the  Convention. 

President  Murray  announced  tlie  appointment  of  the  following  Com- 
mittee on  Address  to  the  Public:  Messrs.  Kane,  Alderson,  Harrison  of 
88,    Mitch   and   Ledbetter. 

On  motion  of  Mr.  Hayes,  any  appointment  necessary  to  be  made  by 
the  President  to  aid  in  the  engrossment  of  the  Constitution,  was  author- 
ized and  confirmed. 

Mr.  W.  T.  Field,  Chairman  of  the  Joint  Legislative  Board  of  the 
Farmers'  Union  and  the  State  Federation  of  Labor,  being  present,  was 
invited  to  address  the  Convention. 

The  Convention,  on  motion,  took  recess  until  1  p.  m. 

CONVENTION  CHAMBER, 
Afternoon  Session,  Friday,  March  15,   1907 — 1  P.   M. 

Convention  called  to  order;  President  Murray  in  the  chair. 
Mr.  Baker  introduced  the  following  resolution,  which  was  adopted: 
Resolved,  That  we  do  now  express  our  appreciation  of  the  work 
and  efficiency  of  each  and  every  one  of  our  various  officers  and  employes, 
from  the  Honorable  Secretary  and  Sergeant-at-Arms  to  the  humblest 
Janitor.  No  deliberate  body  was  ever  served  by  a  more  careful,  pains- 
taking and  efficient  body  of  officers  and  employes.  In  many  ways  have 
they  demonstrated  to  this  Convention  that  in  their  selection  we  have 
made  no  mistake. 

Mr.  Johnston  introduced  the  following  resolution,  which  on  his  mo- 
tion, was  unanimously  adopted: 

Resolved,  That  we  do  now  express  our  appreciation  of  the  labors 
and  efficiency  of  our  worthy  and  esteemed  President. 

He  has  been  intelligent,  skillful,  patriotic,  and  courageous  in  every 
question  arising  throughout  the  course  of  the  long  and  tiresome  hours 
of  our  incessant  toil. 

We  believe  in  his  rugged  honesty,  and  in  his  progressive  and  con- 
structive statesmanship. 

The  pages  of  our  Constitution  bear  upon  them  the  mark  of  his 
watchful  care  for  the  preservation  of  the  rights  and  the  fostering  care 
of  the  interests  of  all  our  citizens  without  regard  to  class  and  class  dis- 
tinction. 

In  the  close  of  the  session  and  the  partings  that  follow,  he  carries 
with  him  to  his  home  and  manor  the  richest  reward  of  labor  well  per- 
formed, the  good  will  and  high  esteem  of  his  colleagues,  and  in  his  return 
to  the  walks  of  private  life,  we  wish  for  him  that  cordial  and  friendly 
greeting  in  his  home  which  he  so  richly  deserves. 

Mr.  Graham  introduced  the  following  resolution,  which  was  unani- 
mously adopted: 


CONVENTION   OF   OKLAHOMA.  323 

Be  it  resolved,  That  we  tender  our  thanks  and  hearty  good  wishes 
CO  the  Press  boys,  who  have,  upon  the  whole,  faithfully  reported  the  work 
of  this  Convention. 

Committee  Report  No.  4  9,  entitled.  Elections,  was  read  the  third 
time  and  placed  upon  its  final  passage;  the  vote  to  adopt  same  resulted 
as   follows: 

Ayes  84. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Berry,  Bowers,  Brewer,  Cain, 
Carney,  Carr,  Caudili,  ChamTaers,  Cloud,  Cobb,  Copeland,  Cochran,  Curl, 
Dalton,  Bearing,  Ellis,  Gardner,  Graham,  Harned,  Harris,  Harrison  of  88, 
Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill, 
Hogg,  Heuston.  Hudson,  Hughes  Hunt,  James,  Johnston,  Jones,  Kane, 
King,  Lasater,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  Mc- 
Cance,  McClain,  McClure,  Majors,  Messenger,  Mitch,  Moore,  Nelson,  Parker, 
Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Savage, 
Sorrells,  Swarts,  Tenor,  Tucker,  Weaver,  Williams  of  97,  Williams  of 
108,  Wills,  Wood  of  8,  Wood  of  89,  W^yatt,  Wyly  and  President  Murray. 

Nays,    0. 

Absent,  28. 

Banks,  Bilby,  Board,  Bryant,  Buchanan,  Covey,  Edley,  Edmondson, 
Fisher,  Frye,  Hanraty,  Hopkins,  Humphrey,  Jenkins,  Kelly,  Kornegay, 
Langley,  Latimer,  Leahy,  Mathis,  Maxey,  Norton,  Newell,  Sater,  Stowe, 
Tosh  and  Williams  of   3. 

President  Murray  announced  the  vote,  and  declared  that  the  pro- 
vision entitled.  Elections,  had  by  this  vote,  been  finally  adopted  and 
made  a  part  of  the  Constitution  of  the  proposed  State  of  Oklahoma,  and 
in  the  presence  of  the  Convention,  he  subscribed  the  provision  entitled. 
Elections,  as  President  of  the  Convention. 

Committee  Report  No.  69,  entitled.  Schedule,  was  read  a  third  time 
and  placed  upon  its  final  passage;  the  vote  to  adopt  same  resulted  as  fol- 
lows: 

Ayes,    81. 

Akers,  Allen,  Alderson,  Baker,  Berry,  Bowers,  Cain,  Carney,  Carr, 
Caudili,  Cloud,  Cochran,  Copeland,  Curl,  Dalton,  Bearing,  Ellis,  Gardner, 
Graham,  Harned,  Harris,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Hen- 
dricks, Henshaw,  Herring,  Hill,  Heuston,  Hogg,  Hudson,  Hughes,  Hunt, 
James,  Jenkins,  Johnston,  Jones,  Kane,  King,  Lasater,  Lee,  Leeper,  Ledr 
better,  Liedtke,  Littlejohn,  Littleton,  McCance,  McClure,  Majors,  Mes- 
sen,ger,  Mitch,  Moore,  Nelson,  Parker,  Pittman,  Quarles,  Ramsey,  Rice, 
Roberts,  Rogers,  Rose,  Sandlin,  Savage,  Sorrells,  Swarts,  Tenor,  Tracy. 
Tucker,  Weaver,  Williams  of  97,  Williams  of  108,  Wills,  Wood  of  8. 
Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 

Nays,  0. 

Absent,  31. 


324  JOURNAL  OF  CONSTITUTIONAL 

Asp,  Banks,  Bilby,  Board,  Bryant,  Buchanan,  Chambers,  Cobb,  Covey, 
Edley,  Edmondson,  Fisher,  Frye,  Hanraty,  Harrison  of  45,  Hopkins, 
Humphrey,  Jenkins,  Kelly,  Kornegay,  Langley,  Latimer,  Leahy,  Mathis, 
Maxey,  Newell,  Norton,  Sater,  Stowe,  Tosh  and  Williams  of  3. 

President  Murray  announced  the  vote,  and  declared  that  the  pro- 
vision entitled.  Schedule,  had  by  this  vote  been  finally  adopted  and  made 
a  part  of  the  Constitution  of  the  proposed  State  of  Oklahoma,  and  in 
the  presence  of  the  Convention,  he  subscribed  the  engrossed  copy  of  the 
same,  as  President  of  the  Convention. 

On  motion,  the  pen  with  which  the  President  subscribed  the  pro- 
vision, was  presented  to  Mr.  Hayes. 

Committee  Report  No.  33,  supplemental,  entitled.  Suffrage,  was  read 
a  third  time  and  placed  upon  its  final  passage;  the  vote  to  adopt  same 
resulted   as   follows: 

Ayes,  58. 

Allen,  Alderson,  Asp,  Baker,  Berry,  Bowers,  Carney,  Carr,  Caudill, 
Cloud,  Cochran,  Curl,  Dalton,  Bearing,  Ellis,  Harned,  Harris,  Harrison 
of  8  8,  Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Hogg,  Heuston,  Hud- 
son, Hughes,  James,  Johnston,  Kane,  King,  Lasater,  Lee,  Leeper,  Led- 
better,  Littlejohn,  Lirtleton,  McCance,  Majors,  Messenger,  Mitch,  Moore, 
Quarles,  Ramsey,  Rice,  Roberts,  Rose,  Sandlin,  Savage,  Sorrells,  Swarts, 
Tenor,  Tracy,  Tucker,  Williams  of  108,  Wood  of  8  and  Wyatt. 

Nays,   20. 

Akers,  Cain,  Copeland,  Gardner,  Graham,  Hill,  Hunt,  Jones,  Liedtke, 
McClain,  McClure,  Nelson,  Parker,  Pittman,  Turner,  Weaver,  Wills, 
Wood  of   89,  Wyly  and    President  Murray. 

Absent,  34. 

Banks,  Bilby,  Board,  Brewer,  Bryant,  Buchanan,  Chambers,  Cobb, 
Covey,  Edley,  Edmondson,  Fisher,  Frye,  Hanraty,  Harrison  of  4  5,  Hen- 
shaw.  Herring,  Humphrey,  Jenkins,  Kelly,  Kornegay,  Langley,  Latimer, 
Leahy,  Mathis,  Maxey,  Newell,  Norton,  Rogers,  Sater,  Stowe,  Tosh,  Wil- 
liams of   3   and   Williams  of   97. 

President  Murray  announced  the  vote,  and  declared  that  the  pro- 
vision entitled.  Suffrage,  had  by  this  vote,  been  finally  adopted  and  made 
a  part  of  the  Constitution  of  the  proposed  State  of  Oklahoma,  and  in 
the  presence  of  the  Convention,  he  subscribed  the  engrossed  copy  of 
same,   as   President  of  the   Convention. 

Committee  Report  No.  33,  supplemental,  entitled,  Suffrage  of  Retired 
Officers  and  Private  Soldiers,  was  read  a  third  time  and  placed  upon  its 
final  passage;  the  vote  to  adopt  same  resulted  as  follows: 

Ayes,    80. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Bowers,  Carney,  Carr,  Caudill. 
Chambers,  Cloud,  Cochran,  Copeland,  Curl,  Dalton,  Bearing,  Ellis,  Gard- 
ner, Graham,   Harned,  Harris,   Harrison  of  88,   Haskell,  Hausam,   Hayes, 


CONVENTION   OK   OKLAHOMA.  325 

Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Heuston,  Hudson, 
Hughes,  Hunt,  James,  Jenkins,  Johnston,  Jones,  Kane,  King,  Lasater, 
Lee,  Le'eper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McCance,  McClain, 
Majors,  Messenger,  Mitch,  Moore,  barker,  Pittman,  Quarles,  Ramsey, 
Rice,  Roberts,  Rose,  Sandlin,  Savage,  Sorrello,  Swarts,  Tenor,  Tracy, 
Tucker,  Turner,  Weaver,  Williams  of  97,  Williams  x)f  108,  Wood  of  8. 
Wood  of  89,  Wyatt,  Wyly  and  President  Murray. 
Nays,  0. 
Absent,   32. 

Banks,  Berry,  Bilby,  Board,  Brewer,  Bryant,  Buchanan,  Cobb,  Covey, 
Ediey,  Edmondson,  Fisher,  Frye,  Hanraty,  Harrison  of  4  5,  Hopkins, 
Humphrey,  Kelly,  Kornegay,  Langley,  Latimer,  Leahy,  McClure,  Mathis, 
Maxey,  Nelson,  Newell,  Norton,  Rogers,  Sater,  Stowe,  Tosh  and  Wil- 
liams of  3. 

President  Murray  announced  the  vote,  and  declared  that  the  pro- 
vision had  by  this  vote,  been  finally  adopted  and  made  a  part  of  the 
Constitution  of  the  proposed  State  of  Oklahoma,  and  in  the  presence  of 
the  Convention,  he  subcribed  the  engrossed  copy  of  same,  as  President 
of  the   Convention. 

Song  and  prayer  services  were  conducted  by  the  Chaplain,  after 
which,  on  motion  of  Mr.  Johnston,  the  Convention  adjourned  until  10 
o'clock  a.  m.,  Tuesday,  April  16,  1907,  in  accordance  with  the  resolution 
adopted  March  13,  1907,  unless  called  together  by  the  President  of  the 
Convention. 

CJONVENTION  CHAMBER. 
Moiiiiufj,    Session,    Tuesday,    April    16,    1907 — 10    A.    M. 
Convention  was  called  to  order  pursuant  to  adjournment  on  March 
15,   1907;    President  Murray  in  the  chair. 
Invocation  by  Rev.   Mr.    Nicholas. 
Roll   called  and  a   quorum  present. 

'Absent:  Messrs.  Bowers,  Cain.  Hopkins,  McClure,  Mathis,  Newell, 
Stowe  and  Turner. 

The  Journal  of  March   15th  was  approved  as  amended.. 
The  President  appointed  as  Page  to  the  Convention,  Paul  Henshaw, 
of   Madill. 

On   motion   of   Mr.   Roberts,    the  appointment   was   confirmed. 
The    President    appointed    as    Page    to    the    Convention,    Douglas    H. 
Johnston,  Jr..  of  Emet,  I.  T. 

On  motion  of  Mr.  Leahy,  the  appointment  was  confirmed. 
The  President  appointed  as  Page  to  the  Convention,  Robert  Ledbetter, 
of  Ardmore. 

On  motion  of  Mr.  Ellis,  the  appointment  was  confirmed. 

The  President  announced  thai  during  recess,  it  had  been  necessary 


326  JOURNAL  OF  CONSTITUTIONAL 

to  appoint  as  draftsmen  of  the  Convention,  Messrs.  Jos.  E.  Johnston  and 
C.  C.  Clothier,  and  as  additional  Stenographers,  C,  E.  Allen  and  Miss 
Lela   Arrington. 

On  motion  of  Mr.  Henshaw,  the  appointments  were  confirmed. 

On  motion  of  Mr.  Williams  of  108,  the  President  appointed,  to  con- 
sider the  advisability  of  repealing  the  Election  Ordinance  heretofore 
oJoptef^  by  the  Convention  and  to  draft  a  substitute  therefor,  to  conform 
to  the  opinion  rendered  by  Judge  Burford,  in  the  recent  injunction  pro- 
ceedings in  the  District  Court,  in  the  City  of  Guthrie,  a  committee  of 
eleven  attorneys,  as  follows:  Messrs.  Williams  of  108,  Ledbetter,  Hen- 
shaw, Moore,  Kane,  Hayes,  Asp,  King,  Rose,  Baker  and  Johnston. 

Mr.  Haskell  presented,  by  request,  petition  from  the  citizens  of 
Ottawa  County,  relating  to  Change  in  the  County  Boundaries, — referred 
to  the  Committee  on  Counties  and  County  Boundaries. 

On  motion  of  Mr.  Haskell,  the  report  of  the  Committee  on  Primary 
Elections,  heretofore  adopted,  as  amenaed  in  Committee  of  the  Whole, 
was  ordered  engrossed  and  placed  upon  its  third  reading  and  final  pas- 
sage. 

As  Chairman  of  the  Committee  on  Primary  Elections,  Mr.  Haskell 
reported  the  committee's  approval  of  the  action  of  the  State  Central 
Committee,  in  changing  the  date  of  the  primary  from  June  1st  to  May 
23,  1907. 

A  communication  from  the  Oklahoma  Historical  Society  was  read, 
relating  to  the  presentation  of  a  pen  to  the  Convention,  the  staff  of 
which  ppu  was  made  of  alfalfa  stems,  from  the  fields  of  the  President 
of  the  Constitutional  Convention  and  of  cocoons  of  silk,  grown  within 
the  State,  and  requesting  that  the  President  subscribe  the  parchment 
copy  of  the  Constitution  with  said  pen. 

On  motion  of  Mr.  Hayes,  the  Convention  took  recess  until  2  p.  m., 
to  allow  the  Special  Committee  on  Election  Ordinance  to  get  together 
for  consideration  of  the  matter  referred  to  it. 

CONVENTION  CHAMBER. 
Afternoon  Session,   Tuesday,  April   16,   1907 — 3  P.   M. 

Convention  called  to  order;  President  Murray  in  the  chair. 

The  Special  Committee  on  Election  Ordinance  not  being  ready  to 
report,  the  Convention  took  recess  until  !):30  a.  m.,  Wednesday,  April  17, 
1907. 

CONVENTION  CHAMBER. 
Morning  Session,  Wednesday,  April  17,  1907 — 10  A.  M. 

Convention  called  to  order;  President  Murray  in  the  chair. 

Invocation  by  Delegate  Cloud,  of   District  23. 

Roll   called;    a  quorum   present. 

Absent:      Bowers,  Cain,  Prye,  Hopkins,   Mathis  and  Stowe. 


CONVENTION  OF  OKLAHOMA.  3  27 

President  Murray  appointed  as  Pages,  Stewart  Bryan,  of  Sliawnee; 
B.  F.  Lee,  Jr.,  of  Hugo;  Max  Patton,  of  Tishomingo,  and  Paul  Bilby,  of 
Alva,  and   on  motion,  appointments   were  confirmed. 

Committee  Report  No.  4  9,  entitled,  Primary  Elections,  was  placed 
upon  its  third  reading  for  final  adoption,  and  the  vote  to  adopt  same 
resulted  as  follows: 

Ayes,  86. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Bilby,  Brewer,  Bryant, 
Buchanan,  Carney,  Carr,  Caudill,  Chambers,  Cochran,  Copeland,  Curi, 
Dalton,  Dearing,  Edley,  Bdmondson,  Ellis,  Fisher,  Gardner,  Graham, 
Harned,  Harrison  of  45,  Harrison  of  SS,  Haskell,  Hausam,  Hayes,  Hen- 
dricks, Henshaw,  Herring,  Hill,  Hogg,  Hughes,  James,  Johnston,  Jones, 
Kane,  Kelley,  King,  Langley,  Lasater,  Latimer,  Leahy,  Leeper,  Led- 
better,  Liedtke,  Littlejohn,  Littleton,  McCance,  McClain,  Majors,  Maxey, 
Messenger,  Mitch,  Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles, 
Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Savage,  Sorrells,  Swarts. 
Tosh,  Tracy,  Tucker,  Turner,  Weaver.  Willitims  of  3,  Williams  of  97, 
Williams  of  108,  Wills,  Wood  of  8.  Wood  of  89,  Wyatt,  Wyly  and  Pres- 
ident  Murray. 

Nays,  10. 

Asp,  Cloud,  Covey,  Harris,  Heuston,  Hudson,  Jenkins,  Kornegay, 
McClure  and  Tenor. 

Absent,    16. 

Berry,  Board,  Bowers,  Cain,  Cobb,  Frye.  Hanraty,  Helton,  Hopkins. 
Humphrey,   Hunt,   Lee,   Mathis,   Newell,  .Sater  and  Stowe. 

President  Murray  announced  the  result  of  the  vote  and  declared  that 
the  provision  entitled.  Primary  Elections,  had  by  this  vote  been  finally 
adopted,  and  made  a  part  of  the  Constitution  for  the  proposed  State  of 
Oklahoma,  and  in  the  presence  of  the  Convention  he  subscribed  the 
engrossed  copy  of  the  same,  as  President  of  the  Convention. 

Upon  the  suggestion  of  Mr.  Sandlin,  that  a  large  petition  from  cit- 
izens of  Moman  County  had  been  presented  for  a  change  of  the  name  to 
Creek  County;  the  change  was  made  by  unanimous  consent. 

Mr.  Hayes  introduced  additional  section  to  the  article  upon  Schedule, 
which  upon  motion,  was  adopted.  On  motion,  the  rule  was  suspended; 
by  unanimous  consent  the  proposition  was  considered,  engrossed  and 
placed  upon  third  reading  for  final  adoption;  the  vote  to  adopt  same 
resulted  as   follows: 

Ayes,  96. 

Akers,  Allen,  Alderson,  Asp.  Baker,  Banks,  Berry,  Bilby,  Board, 
Bryant,  Buchanan,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cobb,  Cope- 
land,  Covey.  Curl,  DaUon,  Hearing,  Edloy,  Edmondson.  Ellis,  Fisher, 
Gardner,  Graham,  Hanraty,  Harned.  Harris,  Harrison  of  45,  Harrison 
of  88,  Haskell,  Hausam,  Hayes,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg, 


328  JOURNAL  OF  CONSTITUTIONAL 

Heuston,  Hudson,  Hughes,  Jenkins,  Johnston,  Jones,  Kane,  Kelly,  King, 
Kornegay,  Langley,  Lasater,  Latimer,  Leahy.  Lee,  Leeper,  Ledbetter, 
Liedtlte,  Littlejohn,  Littleton,  McClain,  McCance,  Majors,  Messenger, 
Mitch,  Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice. 
Roberts,  Rogers,  Rose,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor, 
Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams 
of  108,  Wills,  Wood  of  8,  Wood  of  89,  Wyatt,  Wyly  and  President  Mur- 
ray. 

Nays,  0. 

Absent,    16. 

Bowers,  Brewer,  Cain,  Cochran,  Frye,  Helton,  Hopkins,  Humphrey, 
Hunt,   James,  McClure,   Mathis,   Maxey,   Newell,   Safer   and   Stowe. 

President  Murray  announced  the  result  of  the  vote  and  declared  that 
the  proposition  had  by  this  vote  been  finally  adopted  and  made  a  part 
of  the  Constitution  for  the  proposed  State  of  Oklahoma,  and  in  the 
presence  of  the  Convention,  he  subscribed  the  engrossed  copy  of  same, 
as  President  of  the  Convention. 

Messrs.  Leahy,  Langley  and  Williams  of  108,  were  appointed  a 
Special  Committee  to  draft  an  additional  section  to  article  upon  Sched- 
ule. 

On  motion,  the  Convention  took  recess  until  2  p.  m. 

CONVENTION   CHAMBER. 
Afternoon  Session,  Wednesday,  xlpril  17,  1907 — 2  P.  >I. 

Mr.  Leahy,  for  the  Special  Committee  to  draft  additional  section  to 
the  Schedule,  made  report,  and  on  motion  same  was  adopted;  on  motion 
the  rule  was  suspended  and  the  proposed  section  was  ordered  engrossed 
and  passed  to  third  reading  and  final  passage. 

Mr.  Akers  proposed  an  amendment  to  Section  39  of  the  Schedule, 
which  was  adopted. 

Mr.  Majors  moved  to  reconsider  the  vote  by  which  Mr.  Akers'  amend- 
ment was  adopted;   motion  prevailed. 

Mr.  Akers  offered  a  substitute  which  was  adopted;  on  motion,  the 
rule  was  suspended,  the  amendment  was  ordered  engrossed  and  passed 
to  third   reading  and  final   passage. 

Messrs.  Cain,  Cobb  and  Hill  were  appointed  a  Special  Committee  to 
raise  money  to  pay  additional  stenographers,  a  draftsman,  and  two  official 
stenographers  for  their  work  in  drafting  the  enrolled  copies  of  the  Con- 
stitution during  the  recess  following  March  15,  1907. 

Additional  Section  3  8  to  the  Schedule,  by  Mr.  Leahy,  was  placed 
upon  its  third  reading  for  final  adoption,  and  the  vote  resulted  as  fol- 
lows: 

Ayes,   100. 

Akers,    Allen,    Alderson,    Asp,    Baker,    Banks,    Berry.    Bilby,    Board, 


CONVENTION   OF   OKLAHOMA.  329 

Bryant,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cobb,  Cochran,  Cope- 
land,  Covey,  Curl,  Dalton,  Bearing,  Edley,  Edmondaon,  Ellis,  Fisher, 
Gardner,  Graham,  Hanraty,  Harned,  Harris,  Harrison  of  4  5,  Harrison 
of  88,  Haskell,  Hausam,  Helton,  Hendricks,  Henshaw,  Herring,  Hill, 
Hogg,  Heuston,  Hudson,  Hughes,  Hunt,  James,  Jenkins,  Johnston,  Jones. 
Kane,  Kelly,  King,  Kornegay,  Langley,  Lasater,  Latimer,  Leahy,  Lee. 
Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McCance,  McClain, 
Majors,  Maxey,  Messenger,  Mitch,  Moore,  Nelson,  Newell,  Norton,  Parker, 
Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Sater, 
Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tracy,  Tucker,  Turner,  Weaver, 
Williams  of  3,  Williams  of  108,  Wood  of  89,  Wyatt,  Wyly,  Wills  and 
President  Murray. 

Nays,  0. 

Absent,   12. 

Bowers,  Brewer,  Buchanan,  Cain,  Frye,  Hayes,  Hojikins,  Humphrey, 
McClure,  Mathis,  Stowe  and  Wood  of  8. 

President  Murray  announced  the  result  of  the  vote  and  declared  that 
said  Section  38  had  by  this  vote  been  finally  adopted  and  made  a  part 
of  the  Constitution  for  the  proposed  State  of  Oklahoma,  and  in  the 
presence  of  the  Convention,  he  subscribed  the  same  as  President  of  the 
Convention. 

Additional  Section  39,  by  Mr.  Akers,  was  placed  upon  its  third 
reading  for  final  adoption,  and  the  vote  resulted   as  follows: 

Ayes,  92. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Carney,  Carr,  Caudill,  Chambers,  Cobb,  Cochran,,  Copeland, 
Covey,  Curl,  Dalton,  Bearing,  Edley,  Ellis,  Fisher,  Gardner,  Graham, 
Hanraty,  Harned,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hel- 
ton, Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hughes,  James,  Johnston, 
Jones,  Kane,  Kelly,  King,  Kornegay,  Langley,  Lasater,  Latimer,  Leahy, 
Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McCance,  McClain, 
Majors,  Messenger,  Mitch,  Moore,  Nelson,  Newell,  Nortop.  Parker,  Pittman, 
Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Savage,  Sorrells, 
Swarts,  Tosh,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3, 
Williams  of  97,  Williams  of  108,  Wills,  Wood  of  8,  Wood  of  89,  Wyatt, 
Wyly  and  President   Murray. " 

Nays,  2. 

Cloud  and  Harris. 

Absent,  18. 

Asp,  Bowers,  Buchanan,  Cain,  Edmondson,  Gardner,  Hayes,  Hop- 
kins, Heuston,  Hudson,  Humphrey,  Hunt,  Jenkins,  McClure,  Mathis, 
Maxey,  Sater  and  Stowe. 

President  Murray  announced  the  result  of  the  vote  and  declared 
that  said  Section   39   had  by  this  vote  been  finally  adopted  and   made  a 


330  JOURNAL  OF  CONSTITUTIONAL 

part  of  the  Constitution  of  the  proposed  State  of  Oklahoma,  and  in  the 
oresence  of  the  Convention,  he  subscribed  the  provision  as  President  of 
the  Convention. 

The  parchment  copy  of  the  Constitution  as  far  as  drafted,  was 
ordered  read  for  final  approval   and  the  reading  was  begun. 

On  motion,   the  Convention  took  recess  until   8:00  p.   m. 

COXA^NTIOX   CHAMBER. 
Night   Session,   Wednesday,    April    17,    1907 — 8  P.    M. 

Convention  called  to  order;  President  Murray  in  the  chair. 

President  Murray  proposed  additional  section   (No.  40)   to  the  article 
on  Schedule,   which  on  motion,  was  adopted,  the  rule  was  suspended  and ' 
the  proposed  section  ordered  engrossed  and  passed  to  third  reading  and 
final    passage. 

Reading  of  parchment  copy  of  the  Constitution  for  approval  was 
resumed,  and  after  progress  with  the  reading,  the  Convention  took  recess 
until   9:30  a.   m.,  Thursday,  April   18,    1907. 

CONVENTION   CHAMBER. 
Morning   Session,    Thursday,    April    18,    1907 — 9:30   A.    M. 

Convention   called  to  order;    President  Murray  in   the  chair. 

Invocation  by  Delegate  Cobb. 

Roll   call;    a   quorum   present. 

Absent:  Bowers,  Cain,  Frye,  Hopkins,  Humphrey,  Hunt,  Safer  and 
Stowe. 

Reading  of  the  parchment  copy  of  the  Constitution  was  resumed  and 
progress    made   thereon. 

On  motion  of  Mr.  Ellis,  the  Committee  on  Convention  Printing  was 
requested  to  draft  contract  for  the  printing  of  2,000  copies  of  the  Daily 
.lournal,  as  provided  for  by  the  rules  and  submit  such  contract  to  the 
Convention   for   approval. 

On  motion  of  Mr.  Williams  of  108,  the  vole  was  reconsidered,  and 
after  discussion  the  original  motion  prevailed. 

On  motion  of  Mr.  Weaver,  the  Committee  on  Convention  Printing  was 
authorized  to  receive  bids,  based  upon  20,000,  50,000,  75,000  and  100,- 
0  00  copies  of  the  Constitution  complete  and  report  such  bids  received 
to  the  Convention. 

Mr.  Williams  of  108,  moved  to  reconsider  the  vote  of  March  15. 
1907,  by  which  the  Election  Ordinance  was  adopted,  which  was  duly 
seconded.  Mr.  Williams  of  108,  moved  that  the  rule  requiring  a  motion 
to  reconsider  the  vote  upon  the  final  adoption  of  ordinances  be  suspended 
as  applying  to  the  motion  to  reconsider  the  vote  by  which  said  Election 
Ordinance  was  adopted;    the  motion  prevailed. 

President  Murray  announced  that  the  motion  to  suspend  the  rules 
had  prevailed. 


CONVENTION   OF   OKLAHOMA.  331 

The  question  before  the  house   being  the    motion    to    reconsider  the 
vote  by  which  said  ordinance  was  adopted,  the  roll  was  called,   and   the 
vote  i-esulted  as  follows: 
Ayes,   100. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bilby,  Board,  Brewer, 
Bryant,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cobb,  Cochran,  Cope- 
land,  Covey,  Curl,  Dalton,  Bearing,  Edley,  Edmondson,  Ellis,  Fisher, 
Gardner,  Graham,  Hanraty,  Harned,  Harris,  Harrison  of  45,  Harrison  of 
8  8,  Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Heushaw,  Herring,  Hill, 
Hogg,  Hughes,  Humphrey,  Hunt,  James,  Jenkins,  Johnston,  Jones,  Kane, 
Kelly,  King,  Kornegay,  Langley,  Lasater,  Latimer,  Leahy,  Lee,  Leeper, 
Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McCance,  Majors,  Messenger, 
Mitch,  Moore,  Nelson,  Newell,  Norton,  Parkei",  Pittman,  Quarles,  Ram- 
sey, Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Savage,  Swarts,  Sorrells, 
Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  97, 
Williams  of  108,  Wills,  Wood  of  8,  Wood  of  89,  Wyatt,  Wyly  and  Pres- 
ident Murray. 
Nays,  0. 
Absent,  12. 

Asp,  Bowers,  Buchanan,  Cain,  Hopkins,  Heuston,  Hudson. 
McClure,  Mathis,  Maxey,  Safer  and  Stowe. 

On  motion  of  Mr.  Williams  of  108,  Election  Ordinance  adopted  March 
15,  1907,  was  stricken  from  the  files.  He  then  introduced  an  ordinance 
repealing  the  Election  Ordinance  adopted  March  lo,  1907. 

Mr.   Ledbetter  moved  the  suspension  of  the  rule  requiring  proposi- 
tions and  ordinances  to  lay  over  one  day,  and  a  roll  call  being  demanded, 
the  motion  prevailed,  by  the  following  vote: 
Ayes,   99. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bilby,  Board,  Brewer. 
Bryant,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cobb,  Cochran,  Copeland, 
Covey,  Curl,  Dalton,  Bearing,  Edley,  Edmondson,  Ellis,  Fisher,  Gardner, 
Graham,  Hanraty,  Harned,  Harris,  Harrison  of  4  5,  Harrison  of  88,  Has- 
kell, Hausam,  Hayes,  Helton,  Hendricks,  Herring,  Hill,  Hogg,  Hughes, 
James,  Jenkins,  Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay,  Langley, 
Lasater,  Latimer,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn, 
Littleton,  McCance,  McClain,  Majors,  Messenger,  Mitch,  Moore,  Nelson, 
Newell,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers, 
Rose,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tracy,  Tucker, 
Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wills, 
Wood  of  8,  Wyatt,  Wyly  and  President  Murray. 
Nays,  0. 
Absent,  13. 

Asp,  Bowers,  Buchanan,  Cain,  Frye,  Hopkins.  Heuston,"  Hudson. 
McClure,  Mathis,  Maxey,  Sater  and  Stowe. 


332  JOURNAL  OF  CONSTITUTIONAL 

President  Murray  announced  that  the  motion  to  suspend  the  rule  had 
prevailed. 

The  repealing  ordinance  was  read  three  times  and  placed  on  its  final 
adoption. 

The  roll  was  called  and  the  vote  to  adopt  same  was  as  follows: 

Ayes,   98. 

Akers,  Allen,  Alderson,  Baker,  Berry,  Bilby,  Board,  Brewer,  Bryant, 
Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cobb,  Cochran,  Copeland,  Covey, 
Curl,  Dalton,  Bearing,  Edley,  Edmondson, -Ellis,  Fisher,  Gardner,  Graham, 
Hanraty,  Harned,  Harris,  Harrison  of  4  5,  Harrison  of  8  8,  Haskell,  Hausani, 
Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hughes, 
James,  Jenkins,  Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay,  Lang- 
ley,  Latimer,  Leahy,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Lit- 
tleton, McCance,  McClain,  Majors,  Maxey,  Messenger,  Mitch,  Moore,  Nel- 
son, Newell,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rice,  Roberfs, 
Rose,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tracy,  Tucker, 
Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wood  of  8, 
Wood  of  8  9,  Wyatt,  Wyly  and  Preindent  Murray. 

Nays,   0. 

Absent,  14. 

Asp,  Bowers,  Buchanan,  Cain,  Gardner,  Hopkins,  Houston,  Hudson 
Humphrey,  Hunt,  McClure,  Mathis,  Sater  and  Stowe. 

President  Murray  announced  the  voto  and  declared  that  ordinance 
repealing  the  Election  Ordinance  adopted  March  15,  1907,  had  by  this 
vote  been  finally  adopted;  and  in  the  presence  of  the  Convention  he  sub- 
scribed the  engrossed  copy  of  same,  as  President  of  the  Convention. 

Convention  took  recess   until   1   o'clock  p.   m. 

COIVVENTION  CHAMl-.ER. 
Al'teraoon  Session,  Thursday,  April  18,   1907 — 1  P.  M. 

Convention   called  to  order;    President  Murray  in   the  chair. 

Mr.  Cobb  was  excused  indefinitely. 

Section  40,  of  the  Schedule,  was  placed  upon  third  reading  for  final 
adoption,  and  the  vote  to  adopt  same  resulted  as  follows: 

Ayes,  7  5. 

Carney,  Caudill,  Carr,  Chambers,  Cloud,  Copeland,  Covey,  Dalton, 
Bearing,  Edley,  Gardner,  Graham,  Hanraty,  Harris,  Harrison  of  45,  Har- 
rison of  88,  Haskell,  Hausam,  Henshaw,  Herring,  Hill,  Hogg,  James, 
Jenkins,  Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay,  Langley,  Lasater, 
Latimer,  Lee,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McCance, 
McClain,  Majors,  Maxey,  Messenger,  Mitch,  Moore,  Nelson,  Parker,  Pitt- 
man,  Quarles,  Ramsey,  Rice,  Roberts,  Rogers,  Rose,  Sandlin,  Sorrells, 
Swarts,   Tosh,   Tenor,   Tracy,   Turner,  Weaver,   Williams  of   97,   Williams 


CONVENTION   OF   OKLAHOivlA.  333 

of  108,  Wills,  Wood  of  8,  Wood  of  89,  Wyly,  WyaLt,  and  President 
Murray. 

Nays,   0. 

Absent,  37. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Bilby,  Board,  Bowers,  Brewer, 
iJryant,  Buchanan,  Cain,  Cobb,  Cochran,  Curl,  Edmondson,  Ellis,  Fisher, 
Prye,  Hayes,  Helton,  Hendricks,  Hughes,  Hudson,  Heuston,  Humphrey, 
Hunt,  Leahy,  McClure,  Mathis,  Newell,  Norton,  Sater,  Savage,  Stowe, 
Tucker  and  Williams  of  3. 

President  Murray  announced  the  result  of  the  vote  and  declared  that 
the  provision  had  by  this  vote  been  adopted  and  made  a  part  of  the 
Constitution  of  the  proposed  State  of  Oklahoma;  and  in  the  presence  of 
the  Convention,  he  subscribed  the  engrossed  copy  of  same,  as  President 
of  the  Convention. 

The  Committee  on  Incidental  Expenses  filed  report,  which  on  motion, 
was   adopted. 

The  following  members  of  the  Convention  each  subscribed  the  sum 
of  $20.00:  Copeland,  Helton,  Wyatt,  Graham,  Quarles,  Nelson,  Caudill, 
Kornegay,  Harris,  Majors,  Langley,  Tracy,  Wills,  Allen,  Parker,  Hill, 
Mitch,  Littlejohn,  Cloud,  Carr,  Moore,  Leeper  and  Herring.  Mr.  Hausam 
contributed  the  sum  of   $2  2.0  0. 

President  Murray  announced  that  Messrs.  W.  A.  Durant,  Sergeant- 
at-Arms;  Jno.  M.  Young,  Secretary;  Ham  P.  Bee,  Official  Reporter,  and 
E.  C.  Patton,  Minute  and  Journal  Clerk,  had  refused  to  share  this  contri- 
bution made  by  the  Delegates. 

On  motion,  the  Convention  took  recess  until  7:30  p.   m. 

CONVENTION  CHAMBER. 
Night  Session,  Thursday,  April  18,   1907 — 7:30  P.  M. 

Convention   called  to  order;    President  Murray  in   the  chair. 

?veading  of  the  parchment  copy  of  Ihe  Constitution  was  resumed 
and  progress  made  thereon. 

President  Murray  appointed   J.   Maurice   Young  as   Page. 

On  motion,  the  appointment  was  confirmed. 

Mr.  Kane,  for  the  Committee  on  Address  to  the  People,  filed  report, 
which  was  read,  and  on  motion  of  Mr.  McCance,  the  report  was  adopted. 

Mr.  Caudill  moved  that  the  President  appoint  a  Committee  of  Five 
to  arrange  for  annual  reunions  of  the  members  and  employes  of  this 
Convention. 

Mr.  Tenor  extended  an  invitation  to  the  members. 

On  motion  of  Mr.  Moore,  500  extra  copies  of  the  Election  Ordinance 
were  ordered  printed,  after  its  final  adoption,  and  all  corrections  are 
made. 


334  JOURNAL  OF  CONSTITUTIONAL 

On  motion  of  Mr.  Kane,  the  Convention  toolv  recess  until  9:30  a.  m., 
Friday,   April    19,    1907. 

CONVENTION  CHAjMI;ER. 
Morniug   Session,  Friday,  April   19,   1907 — 9:30  A.  31. 

Convention  called  to  order;   President  Murray  in  the  chair. 

Invocation  by   Delegate  Bearing. 

Roll  called;    a  quorum  present. 

Absent:  Asp,  Bilby,  Board,  Bowers,  Brewer,  Cain,  Couo,  Covey, 
Curl,  Frye,  Haskell,  Hayes,  Hopkins,  Hughes,  Hudson,  Humphrey,  Hunt, 
Jenkins,  Lasater,  Leahy,  McClure,  Mathis,  Rose,  Stowe,  Sater  and  Sor- 
rells. 

Mr.  Ellis  moved  that  the  Convention  order  printed  25,000  copies  of 
the  Constitution.  Mr.  Williams  of  IDS,  moved  as  a  substitute,  that  the 
Convention  order  25,000,  provided  a  satisfactory  contract  can  be  secured 
Mr.  Williams  of  3,  moved  to  amend  by  striking  out  25,000  and  inserting 
in   lieu   thereof,   2,000. 

Second  Vice  President  Ellis  having  been  called  to  the  chair,  President 
Murray  moved  as  a  substitute  for  all  pending  motions,  that  10,000  copies 
be  printed  containing  County  Boundaries  and  Election  Ordinance,  th^ 
Separate  Submission  Clause  and  the  resolution  adopting  the  Constitution 
of  the  United  States,  a  copy  of  same  to  be  distributed  to  each  election 
judge  and  clerk  and  election  officers.  The  remaining  copies  to  be  printed 
with  the  County  Boundary  Provision,  the  Election  Ordinance,  eliminated, 
and  65,000  copies  to  be  printed  and  distributed  as  follows:  Five  hundred 
copies  to  be  furnished  each  Delegate  tor  distribution  by  them  in  their 
respective  Districts;  one  thousand  copies  to  be  furnished  the  chairmen 
of  each  political  party  of  the  State;  one  copy  to  be  furnished  each  Secre- 
tary of  State  of  several  States;  one  to  each  Senator  "and  Congressman, 
and  such  Federal  officers  as  demanded  them;  to  libraries  and  organiza- 
tions  financial,    commercial,    labor,    agriculture    and   religious;    and    one 

thousand  to  be  reserved  for  the  Secretary  of  State. 

The  provision  for  County  Boundaries  was  read  and  approved. 
The    Convention    took    recess    until    1    p.    m. 

CONVENTION  CHAMBER. 
Afteniooii   Session,   F»*iday,   April    19,    1907—1    P.   M. 

Convention  called  to  order;   President  Murray  in  the  chair. 

President  Murray  announced  the  corrections,  erasures  and  inter- 
lineations in  the  parchment  copy  of  the  Constitution,  as  follows: 

The  President — Gentlemen;  1  have  the  Constitution  as  engrossed 
on  parchment,  together  with  the  "Resolution  Adopting  the  Constitution 
of  the  United  States,"  and  Ordinance  "Accepting  the  Enabling  Act,"  both 
of  same  signed  by  President  of   the  Convention  and  also  the  Secretary, 


CONVENTION   OF   OKLAHO.viA.  335 

and  written  in  a  diffei-ent  hand    Ironi   tliat   following  the   heading,   "Pre- 
amble." 

The  said  Resolution  and  Ordinance  being  written  in  script  of  mod- 
ern style  by  C.  C.  Clothier. 

From  "Preamble"  thereafter,  including  Articles  1,  etc.,  of  Consti- 
tution, the  writing  is  in  uniform  ancient  script. 

On  Page  2,  Section  7,  Line  4,  "the"  is  interlined  between  the  word 
"of"  and  word  "admission;"  also  in  same  section  the  word  "the"  between 
word  "in"  and  word  "compounding;"  also  in  Line  3  from  bottom  of 
Page  2,  interlined  the  word  "deemed"  between  the  word  "be"  and  the 
word  "guilty;"  also  on  Page  4,  Section  13,  word  "imposed"  interlined 
between  the  word  "penalties"  and  the  word  "for." 

On  Pa^ge  5,  in  Section  22,  there  is  an  interlineation  of  the  words,  to- 
wit:  "Alleged  to  be  libelous  may  be  given  in  evidence  to  the  jury,  and 
if  it  shall  appear  to  the  jury  that  the  matter;"  also  in  Section  24,  after 
the  words  "commissioners,"  the  following  words  are  interlined:  "shall 
not  be  appointed  by  any  Judge  or  Court  without  reasonable  notice  having 
been  served  upon  all  parties  in  interest.  The  commissioners"  and  said 
words  have  been  cancelled;  also  on  Page  6,  under  the  head  of  "Suf- 
frage," in  Section  2,  after  the  word  "additional,"  are  interlined  the  fol- 
lowing words:  "limitations  on  the  rights  of  Suffrage  and  may  add  addi- 
tional;" also  on  Page  7,  under  "Primary  Elections,"  the  word  "law"  in 
the  third  line  has  been  erased,  and  the  word  "constitution"  inserted 
between  the  words  "Federal"  and  "may;"  and  all  of  these  sections  under 
Primary  Elections  are  written  in  a  different  script  from  the  preceding; 
also  in  Article  IV  entitled  "Distribution  of  Powers,"  the  second  word 
"power"  of  Section  I  was  pluralized  by  adding  an  "s;"  also  on  Page  9, 
in  Section  6,  under  the  title  "Legislative  Department,"  the  words  be- 
tween "powers"  and  "of"  have  been  erased  by  heavy  lines;  also  on 
Page  10  in  Section  12,  under  Legislative  Department,  the  word  "Moman," 
as  a  name  for  a  County,  has  been  erased,  and  inserted  in  lieu  thereof, 
the   name  "Creek." 

Also  on  Page  12,  Section  2  6,  near  the  center  of  the  first  line  there 
is  an  interlineation  of  the  following  words,  to-wit:  "first  Tuesday  after 
the." 

In  Seeiion  30,  on  the  same  page,  under  the  "Organization  and  Rules" 
of  the  Legislature,  the  word  "one-fifth"  is  changed  to  "one-fifteenth." 

Also  on  Page  16,  under  Article  VI,  entitled  "Executive  Department," 
third  line,  the  word  "labor"  is  erased  and  after  the  word  "commissioner" 
interlined  "of  labor;"  also  «on  Page  18,  Section  15,  in  the  second  line, 
between  the  words  "vote"  and  "both"  the  word  "of"  is  substituted  for 
"or,"  which  has  been  erased;  also  on  Page  19,  Section  20,  under  the 
sub-heading  "Commissioner  of  Labor,"  in  the  first  line  after  the  word 
"Labor,"  and  the  word   "to"   is  erased,   and  the  words  "who  shall"   in- 


336  JOURNAL  OF  CONSTITUTIONAL 

serted  between  the  words  "labor"  and  "be;"  also  on  same  page,  Section 
21,  at  the  end  of  the  first  line  the  words  "Labor  Department"  are  erased, 
and  interlined  thereof  "Department  of  Labor." 

On  Page  21,  under  the  sub-head  "Seal  of  State,"  the  word  '■point" 
is  erased  applying  to  the  star,  and  the  word  "ray"  interlined  thereof; 
also  in  the  same  section  between  the  words  "three"  and  "crossed"  the 
word  "arrows"  is  stricken  out  and  interlined  between  "crossed"  and 
"the;"  also  under  Article  VII  entitled  "Judicial  Department,"  Section  2, 
between  the  words  "such"  and  "remedial"  the  word  "other"  is  inter- 
lined. 

In  the  same  department — Judiciary — the  word  "second"  before 
Monday,  is  inserted  to  harmonize  With  the  use  of  said  word  applying  to 
the   other  officers. 

In  the  same  department,  Section  9,  the  word  "the"  between  "of" 
and  "state"  has  been  erased,  and  the  word  "this"  inserted  in  the  erased 
place  of  position;  in  the  same  department  in  Section  12,  the  word 
"have"  and  "appellate"  and  "such"  are  interlined;  also  in  the  same 
section,  between  the  word  "court"  and  the  word  "or"  is  interlined  the 
words  "from  the  country." 

In  Section  14,  under  the  same  department  at  the  beginning  of  the 
second  line,  the  word  "or"  is  changed  to  "and"  before  "criminal"  and 
being  the  first  word  of  the  line.  In  Section  16,  of  the  same  article,  be- 
tween the  words  "court"  and  "the"  the  following  interlined:  "And  in 
all  cases  appealed  from  the  County  Court  to  the  District  Court;"  also  in 
Section  19,  the  beginning  of  the  words  of  the  last  sentence  in  said  sec- 
tion at  the  top  of  the  page,  all  words  erased  before  the  word  "indict- 
ment" and  the  word  "all"  substituted  and  written  in  the  same  position  as 
the  word  beginning  such  sentence. 

VinlvY  the  sub-heading,  "Judicial  Department,"  wherever  the  name 
of  the  County  of  "Moman"  appears,  the  same  has  been  erased  and  the 
name   "Creek"   substituted  therefor. 

In  Article  IX,  entitled  "Corporations — Definition,"  under  the  sub- 
heading, "Railroads  and  Public  Service  Corporations,"  Section  3,  between 
the  words  "shall"  and  "respectfully"  the  word  "each"  is  added  by  inte'r- 
lineation. 

In  same  article,  Section  6,  between  the  words  "with"  and  "date," 
the  word   "the"  is  inserted  by  interlineation. 

In  Section  12,  between  the  words  "railroad"  and  word  "shall"  thtf 
word   "company"  is  interlined. 

In  Section  13,  of  the  same  article,  between  the  words  "and"  and 
"equipage,"  the  word  "their"  is  inserted  by  interlineation;  also  in  the 
same  section  between  the  words  "provision"  and  "this"  the  word  "or" 
has  been  erased   and   the  word  "of"  inserted. 

Under   the  title,    "Corporation   Commission,"   the   word   "second"    is 


CONVENTION   OF   OKLAHOMA.  337 

Inserted  for  the  same  reason  it  was  inserted   in   tiie  Judicial   Department 
mentioned  above. 

Following  Section  IS,  Section  l8-a  is  written  in  smaller  letters  and 
also  Section  18-b  with  an  interlineation  near  the  end  of  said  Section 
18-b,  tiie  two  Sections  18-a  and  IS-b  making  three  lines  of  small  letters 
together  with  the  interlineation  mentioned  aforesaid. 

In  Section  21,  the  word  "by"  is  interlined  after  the  word  "approved" 
and  the  word  "the"  is  interlined  between  the  words  "upon"  and  "exe- 
cution," and  in  the  fourth  line  from  bottom  of  page.  Section  21,  the  word 
"the"  is  erased. 

In  Section  2  9,  under  the  article  entitled  "Corporations,"  the  word 
"property"  between  "physical"  and  "belonging"  is  pluralized;  also  Sec- 
tion 30,  between  the  words  "may"  and  "necessary"  a  word  is  erased 
and  the  word  "make"  inserted;  also  in  the  same  article  under  Section  33. 
between  the  words  "under"  and  "reasonable"  in  the  second  line  of  the 
page  on  parchment  engrossment,  the  word  "such"  is  insei'ted  by  inter- 
lineation. 

Under  the  article  entitled,  "Private  Corporations,"  in  Section  41,  at 
the  beginning  of  the  third  line,  there  is  an  interlineation  before  the 
word  "may"  of  the  following  words:  "trust  company  or  bank  or  banking 
company,  except  such   stock  as." 

The  two  last  words  in  Section  4  3,  the  words  "may  arise"  are  sub- 
stituted for  the  word  "arose;"  and  also  in  Section  44,  the  word  "chap- 
ter" has  been  changed  to  the  word  "article"  by  erasing  the  word  "chap- 
ter" and  substituting  "article;"  also  in  Section  45,  of  same  article  the 
first  word  "no"  and  the  words  "if  any"  are  interlined,  and  in  the  same 
section  after  word  "state"  and  before  word  "removed"  the  word  "shall" 
is  interlined;  and  in  same  line,  words  "without  forfeiting"  are  erased 
and  at  end  of  same  line  "shall  be  revoked"  is  added. 

In   Section   2,   of   Article   X,   entitled    "Revenue   and   Taxation,"    be- 
tween words  "estimated"  and  "expenses"  word  "ordinary"  is  interlined. 
Under  the  title,  "Revenue  and  Taxation,"  Article  X,  in  the  first  line 
of  Section  13,  the  word  "objects"  is  erased,  and  the  word  "subjects"  sub- 
stituted therefor. 

Under  the  sub-heading,  "Public  Indebtedness,"  on  the  first  line  of 
the  copy  engrossed  on  parchment,  between  the  words  "cast"  and  th^ 
word  "at,"  the  following  words  are  interlined:  "for  and  against  it;"  in 
Section    2  9,   the  words   "of  the"   having  been   repeated,   are  erased. 

Under  the  sub-heading,  entitled  "State  and  School  Lands,"  Section 
.'),  in  the  last  line  of  the  engrossed  copy  on  parchment,  the  word  "ever" 
is  inserted  by  interlineation  beiween  the  words  "shall"  and  "be." 

Under  Article  XIV,  and  the  sub-heading  thereof  entitled  "Levees, 
Drains  and  Ditches,"  in  the  second  line  of  Section  3,  between  the  words 
"drain"  and  "ditches"  the  word  "and"  is  inserted  by  interlineation. 


338  JOURNAL  OF  CONSTITUTIONAL 

Under  the  sub-heading  entitled  "Removal  of  Seats,"  the  figures 
"1909"  are  placed,  between  parenthesis  marks,  and  the  words  "nineteen 
hundred  and  nine"  inserted  by  interlineation;  also  in  the  next  line  of  the 
same  section  between  the  words  "and"  and  "such"  the  word  "of"  is 
interlined  and  between  the  words  "delayed"  and  "on"  the  words  "or 
postponed"  are  inserted  by  interlineation. 

Sub-heading,  "Counties  and  County  Seats,"  is  made  Section  S,  of 
Article  XVII. 

After  heading  entitled  "Municipal  Corporations,"  Article  XVIII,  is 
written  immediately  at  the  end  of  the  heading;  the  word  "the"  is  inter- 
lined between  "of"  and  "legislature."  In  all  of  this  section  wherever 
numbers  are  used  to  designate  numbers  of  sections,  townships  and 
ranges,  they  have  been  erased,  leaving  the  numbers  written  in  full;  also 
in  said  section,  in  description  of  Atoka  County  the  word  "line"  is  inter- 
lined between  the  word  "range"  and  the  word  "to;"  also  in  the  descrip- 
tion of  Choctaw  county  having  been  repeated,  is  erased;  in  the  description 
of  Comanche  County,  the  word  "thence"  is  interlined  between  the  words 
"west"  and  "south;"  under  description  of  LeFlore  County,  the  word 
"river"  after  the  word  "Arkansas"  is  erased;  under  the  description  of 
Creek  County  in  the  second  line,  the  word  "thence"  between  the  word? 
"extending"  and  "east"  is  interlined;  under  description  of  Washington 
County,  between  words  "east"  and  "boundary"  the  word  "and"  has  been 
cancelled. 

Under  the  title,  "Initiative  and  Referendum,"  as  a  sub-heading  of 
Municipal  Corporations,  at  the  end  of  Section  4-b,  the  words:  "of  such 
municipal  corporations"  are  added  at  the  end  of  such  section. 

The  first  word  in  the  last  line  under  the  sub-heading  of  Initiative 
and  Referendum  under  the  Municipal  Corporations,  the  word  "chapter"  is 
erased  and  the  word   "article"  substituted  therefor. 

Under  Article  XIX,  entitled  "Insurance,"  in  the  third  line  in  the 
section  between  the  words  "pay"  and  "such"  the  word  "all"  is  inserted 
by  interlineation. 

Article  XXII,  relating  to   Alien   and  Corporate  Ownership   of   Land. 

the  heading  is  corrected  so  as  to  add  by  interlineation  between  the  words 

"alien"  and  the  word  "ownership"  the  additional  words:   "and  corporate." 

Article  XXV  is  erased  entirely,  being  a  repetition  of  a  like  phrase  to 

the  same  effect  in  the  department  under  Legislative  Department. 

Under  Section  14  of  the  Schedule,  the  words  "who  are"  between  the 
words  "and"  and  "graduate"  are  erased  and  substituted  therefor  are 
the  words  "also  all,"  referring  to  the  qualifications  of  dentists  in  the 
Indian   Territory. 

Section  19,  of  Schedule,  the  word  "and"  is  interlined.  The  word 
"the"  is  interlined  in  Section  22.  In  Section  36,  second  line,  "that"  is 
erased  and  "at"  substituted  therefor;  also  in  same  section,  "of"  is  erased 


CONVENTION   OF   OKLAHOMA.  33"J 

and  the  word  "for"  is  substituted  therefor;  word  "substantially"  is  inter- 
lined between  word  "making"  and  the  word  "created"  and  the  words 
'•provided  for"  interlined  before  the  word  "by,"  after  which  word  "such" 
is  erased  and  the  word  "said"  is  interlined. 

After  the  word  "legislature"  and  before  the  word  "and"  the  words: 
"of  said  proposed  State  of  Oklahoma"  are  interlined. 

In  the  certificate  of  the  place  and  date  of  adoption  of  this  Consti- 
tution immediately  above  the  signatures  of  the  members  and  officers  ot 
the  Convention,  the  word  "nineteenth"  is  written  in  a  different  hand. 
Now,  Gentlemen,  I  am  through  with  these  corrections. 
The  President: — Now  then,  you  have  heard  the  reading  of  the  cor- 
rections, interlineations,  and  changes  of  words  just  called  or  recited, 
the  Clerk  will  proceed  to  call  the  roll,  and  all  who  are  in  favor  of  the 
changes,  corrections,  interlineations  and  additions  named,  recited  and 
also  in  favor  of  adopting  the  Constitution  as  engrossed  on  parchment 
with  such  changes,  additions,  corrections  and  interlineations  above  named, 
and  also  in  favor  of  the  adoption  of  six  engrossed  copies  on  linen  paper, 
exact  copies  of  the  copy  engrossed  on  parchment,  will  as  the  Clerk  calls 
the  roll  answer  "aye;"  those  opposed  will  answer  "no."  The  Clerk 
will  call  the  roll. 

The  roll  was  called   with  the  following  vote: 

Ayes:  Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bryant. 
Buchanan,  Carney,  Carr,  Caudill,  Chambers,  Cloud,  Cochran,  Copeland, 
Dalton,  Bearing,  Edley,  Edmondson,  Ellis,  Fisher,  Gardner,  Graham, 
Ilanraty,  Harned,  Harris,  Harrison  of  45,  Harrison  of  88,  Hausam,  Helton, 
Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  James,  Johnston,  Langley, 
Jones,  Kane,  Kelly.  King,  Kornegay,  Latimer,  Lee,  Leeper,  Ledbetter, 
Liedtke,  Littlejohn,  Littleton,  McCance,  McClain,  Majors,  Maxey,  Mes- 
senger, Mitch,  Moore,  Nelson,  Newell,  Norton,  Parker,  Pittman,  Quarles, 
Ramsey,  Rice,  Roberts,  Rogers,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh, 
Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  97, 
Williams  of  108,  Wills,  Wood  of  8,  Wood  of  89,  Wyatt,  Wyly  and  Mr. 
President. 
Nays,  0. 

Absent:  Asp,  Bilby,  Board,  Bowers,  Brewer,  Cain,  Cobb,  Covey. 
Curl,  Frye,  Haskell,  Hayes,  Hopkins,  Heuston.  Hudson.  Hughes,  Hum- 
phrey, Hunt,  Jenkins,  Lasater,  Leahy,  McClure,  Mathis,  Rose,  Sater  and 
Stowe. 

President  Murray  announced  the  ro-suli  of  the  vote  and  declared  that 
the  Constitution  for  the  proi)osed  State  of  Oklahoma,  with  corrections, 
erasures,  and  interlineations  had  by  this  vote  been  declared  adopted;  and 
at  2:46  p.  m..  this  day,  Wm.  H.  Murray  signed  and  subscribed  the  Con- 
stitution as  President  of  the  Convention  and  Delegate  from  District  No. 
104.     Peter  Hanraty  subscribed  the  same  as  First  Vice-President.     Albert 


340 


JOURNAL  OF  CONSTITUTIONAL 


II.  Ellis  as  Second  Vice-President,  and  the  Delegates  subscribed  as  mem- 
bers from  their  respective  Districts  upon  roll  call  in  the  numerical  order 
of  their  said  Districts;  their  signatures  and  notations  appearing  as  fol- 
lows: 

WM.   H.   MURRAY, 
President  of  the  Constitutional  Con- 
vention   of   the   proposed    State   of 
Oklahoma,  and  Delegate  from  Dis- 
trict   No.    104, 
Attest: 


JOHN   McCLAIN    YOUNG. 
Secretary. 


PETER    HANRATY, 
Vice-President,    District    No.    90. 


CHAS.   H.   FILSON, 

Secretary   of  Oklahoma. 


ALBERT  H.   ELLIS, 
Second  Vice-President    and    Delegate 
from  District  No.   14. 


T.   O.   James,   District  No.    1. 

E.    R.    Williams,    District   No.    3. 

E.    O.    McCance. 

John  C.   Majors. 

G.  W.   Wood,   District  No.   8. 

Delphas  G.    Harned. 

J.    A.    Alderson. 

J.    F.   King,  District   No.    16. 

Charles    L.    Moore. 

Hymen    O.    Tenor. 

George    M.    Berry. 

Joel    M.    Sandlin. 

John  L.  Mitch. 

S.    M.    Ramsey. 

George    Norton    Bilby. 

Jno.  B.  Harrison. 

E.  F.    Messenger. 

F.  E.   Herring. 

D.  E.   Bryant,  District  No.   47. 
J.  J.  Savage,  District  No.  48. 
Edwin  T.  Sorrells,  District  No.   92. 
I.  B.  Littleton,  District  No.  3  2. 
T.  C.  Wyatt,  District  No.   33. 
J.    K.    Norton,   District  No.    35. 
John   J.   Carney,  District  No.    36. 


Fred   C.   Tracy,  District  No.    2. 
W.    L.   Helton,   District  No.   24. 
Milas    Lasater,    District   No.    9  4. 
James   Harvey   Maxey,    District   No. 

51. 
Henry  S.  Johnston. 
W.  T.   S.   Hunt,  District  No.    27. 
David   S.    Rose,    District  No.    15. 
E.   G.  Newell,  District  No.   19. 
O.  H.  P.  Brewer,  District  No.   77. 
Benj.    F.    Lee. 

Cham    Jones,    District  No.    101. 
J.   A.  Baker. 
James   I.   Wood. 
R.    J.    Allen. 

Carlton    Weaver,    District   No.    87. 
L.  J.  Akers,  District  No.  10  2. 
Benj.,  F.   Harrison,  District  No.    88. 
Neil    B.    Gardner. 
W.   C.   Hughes,  District  No.   2  8. 
W.  A.  Ledbetter,  District  No.   103. 
James   H.   Chambers,  District    No 

105. 
J.  C.   Graham,  District  No.    106. 
Geo.   A.  Henshaw,  District  No.   107. 


CONVIONTION   UF   OKI.AIIUAIA.  341 

Mathew   J.    Kane,    District  No.    37.     Flowers    Nelson. 

W     S.    Bearing,    District    No.    44.        W.  T.  Dalton.  District  No.   69. 

^.  ,  .  ,   ^,       ,,  Wm.  N.  Littlejohn,  District  No.   78. 

Dav  d   Hogg,    District  No.    43.  ^^  ^    ^ 

Hamner  G.  Turner. 

Thad.   Rice,   District  No.  "38.  William   C.  Liedtke. 

C.    W.    Board,    District  No.    73.  Charley    M.    McCIain. 

Luke  Roberts.  Albert  G.  Cochran,  District  No.  98. 

William  J.  Caudill,  District  No.  50.       J.  Howard  Langley. 

VV.  n;.  Banks,  District  No.    15.  J.  Turner  Edmondson. 

.lames   B.    Tosh,   District   No.    52.        R.    L.    Williams,    District   No.    108. 

William    H.    Edley.  Gabe  E.   Parker,   District  No.    109. 

.Tohn  M.  Carr,  District  No.  54.  C.  S.  Leeper,  District  No.  96. 

J.  .J.  Quarles,  District  No.   56.  Boone  Williams,  District  No.  97. 

W.  H.  Kornegay,  District  No.  56.  J.  S.  Buchanan,  District  No.  34. 

Don  P.  Wills,  District  No.   60.  C.  H.  Pittman,  District  No.  11. 

J.   W.   Swarts,   District  No.   61.  Joseph  J.  Curl,  District  No.   57. 

J.   R.   Copeland.  J.    H.    N.    Cobb. 

J.    K.   Hill.  W.  F.  Hendricks,  District  No.  10. 

A.    L.    Hausam.    District   No.    70.         Samuel  W.  Hayes.  District  No  85. 

After  90  members,  a  majority  of  all  the  Delegates  elected,  had  sub- 
scribed the  parchment  copy,  their  signatures  were  attested  by  Chas:  H 
Filson,  Secretary  of  the  Territory  of  Oklahoma,  and  John  McClain  Young, 
Secretary  of  the  Convention. 

After  90  members,  being  a  majority  of  all  Delegates  elected,  had 
subscribed  the  parchment  copy.  Enrollment  No.  1,  John  McClain  Young 
attested  the  signatures  of  members,  as  Secretary  to  the  Convention, 
and  Chas.  H.  Filson  attested  all  signatures  upon  said  enrollment  and 
affixed  thereto  The  Great  Seal  of  Oklahoma. 

The  President,  officers  and  members  then  subscribed  enrolled  copies 
Nos.  2  to  7,  Inclusive,  as  nearly  as  practicable,  in  the  same  order  as  they 
had  subscribed  Enrollment  No.  1,  and  the  Secretary  of  the  Convention 
attested  the  signatures  of  all  members  having^signed,  and  the  Secretary 
of  the  Territory  of  Oklahoma  attested  all  signatures  and  affixed  on  the 
six  copies  The  Great  Seal  of  the  State  of  Oklahoma. 

Mr.  Wood  of  8,  as  Chairman  of  the  Committee  on  Convention  Print- 
ing, announced  that  the  committee  had  not  had  sufficient  time  to  secure 
bids  for  the  printing  of  the  Constitution  and  the  Journal,  and  on  his 
motion  President  Murray  was  authorized  to  act  for  the  committee  and 
for  the  Convention  in  securing  competitive  bids  and  to  make  contract 
for  the  printing  of  the  Constitution  as  this  day  directed  by  the  Conven- 
tion and  for  the  printing  of   2,000  copies  of  the  Journal. 

On  motion  of  Mr.  Wood  of  8,  500  copies  of  the  Journal  were  directed 
to  be  bound  in  law-sheep,  and  one  copy  for  each  of  the  delegates  and 
officers  of  the  Convention  to  be   printed   in   law-sheep  and   have  printed 


342  JOURNAL  OF  CONSTITUTIONAL 

on  the  front  cover  the  name  and  District  of  each  member  and  the  name 
of  office  of  each  officer,  and  the  remaining  number  to  be  bound  in  marble 
board  covers. 

On  motion  of  Mr.  Swarts,  the  pen  with,  which  the  President  sub- 
scribed the  parchment  copy  of  the  Constitution,  was  ordered  to  be  pre- 
sented to  the  Oklahoma   Historical  Society. 

The  Pres-ident  presented  the  gavel  used  in  Democratic  caucus  of 
Committee  of  the  Whole  to  Hon.  Henry  S  Johnston,  as  Chairman  of  the 
Democratic  caucus  throughout  the  session  of  the  Convention,  and  as  the 
first  Chairman  of  the   Committee   of  the  Whole. 

President  Murray  presented,  to  Vice-President  Peter  Hanraty,  the 
pai)er-weight,  and  to  Second  Vice-President  Albert  H.  Ellis,  the  ink  well 
used  by  the  President  throughout  the  session  of  the  Convention. 

On  motion  of  Mr.  Majors,  the  Memorial  Quilt  made  for  the  Con- 
vention by  the  ladies  of  Ames,  Oklahoma,  was  ordered  to  be  presented 
to   the   Oklahoma   Historical   Society. 

On  motion.  Convention  adjourned  until    9:30  a.  m.,  April   20,   1907. 

CONVENTION  CHAMBER. 
Morning  Session,  Saturday,  April  20,  1907 — »:30  A.  M. 

Convention  called  to  order;   President  Murray  in  the  chair. 

Invocation    by    Delegate    Herring. 

Roll  called;   a  quorum  present. 

Absent:  Asp,  Bilby,  Bowers,  Cain,  Covey,  Curl,  Frye,  Haskell,  Hayes, 
Hopkins,  Humphrey,  Leahy,  Mathis,  McClure,  Safer  and  Stowe. 

On  motion,  the  pen  with  which  President  Murray  affixed  the  official 
part  of  his  signature  and  notations  to  the  parchment  copy  of  the  Con- 
stitution was  ordered  to  be  transmitted  by  Mr.  Hanraty  to  Samuel 
Gompers,  President  of  A.   F.   of  L.,  Washington,  D.   C. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  with  Mr.  Baker  in  the  chair. 

At  the  noon  hour  the  Committee  of  the  Whole  rose.  President  Mur- 
ray resumed  the  chair,  and  Mr.  Baker,  as  Chairman  of  the  Committee 
of   the   Whole,   reported   as    follows: 

Mr.  President:  We,  your  Committee  of  the  Whole,  to  whom  was 
referred  the  report  of  the  Committee  on  Election  Ordinance,  beg  to 
report  that  we  have  had  same  under  consideration  and  have  made  progress 
thereon  and  ask  leave  to  sit  again. 

J.  A.  BAKER,  Chairman. 

On  motion,  the  report  wa;:  adopted. 

Convention  took  recess  until  1  p.  m. 


CONVENTION  OF  OKLAHOMA.  343 

CONVENTION  CHAIVIHBK. 
Afternoon  Session,   Saturday,   April  20,   1J>07 — 1   P.  M. 

Couventioii  called  to  order;   President  Murray  in  the  chair. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  further  consideration  of  Election  Ordinance  provisions,  with 
Mr.   Baker   in    the   chair. 

After  consideration  of  the  matters  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Baker 
1  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  were  referred  Election  Ordinance  Provisions,  beg  leave  to  report 
lliat  we  have  had  same,  undor  consideration  and  that  thereon  we  have 
Inade  progress  and  ask  leave  to  sit  again. 

J.   A.   BAKER,   Chairman. 

On  motion,  the  report  was  adopted. 

Convention   took   recess   until    7:30    p.    m. 

CONVENTION   CHAMBER. 
Night  Session,   Saturday,   April  30,    1907 — 7:30   P.   M. 

'  On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole;  Mr.  Baker  in  the  chair.  A.fter  consideration  of  the  Election 
Ordinance,  the  Committee  of  the  Whole  rose.  President  Murray  resumed 
the  chair,  and  Mr.   Baker  reported  as  follows: 

1  Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  beg 
to  report  that  we  have  had  unde-.'  consideration  Election  Ordinance  and 
have  made  progress  thereon   and  ask   leave  to  sit  again. 

J.   A.   BAKER,   Chairman. 
On  motion,  the  report  was  adopted. 

Ou  motion,  Convention  adjourned  until  9:30  a.  m.,  Monday,  April 
22,    1907. 

CONVENTION   (  HAMItEK. 
IMorning  Se.ssion,  Monday,  April  22,  J 907 — 9:30  A.   M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

Invocation  by  Delegate  Williams   of  Districi  3. 

Roll   called;    a    quorum    present. 

Al^sent:  Akers,  Asp,  Bilby,  Bowers,  Brewer,  Cloud,  Cobb,  Frye. 
Harris,  Haskell,  Hayes,  Hill,  Hopkins,  Henshaw.  Hughes,  Humphrey. 
Hunt,  H.-lly,  Kornegay,  Langley,  Lasater,  Latimer,  Leahy,  Lee,  Leeper,  Mc- 
Clure,  Mathis,  Maxey,  Messenger,  Norton.  Rico,  Rogers.  Sater,  Stowe, 
Tracy  and   Wyly. 

On  motion  of  Mr.  Williams  of  10  8  each  Delegate  was  ordered  to 
engross  \t\e  description  of  District  and  Municipal  Township  division  in 
their   respective   Counties,   following  whatever  style  they   may   choose. 


344  JOURNAL  OF  CONSTITUTIOinAL 

The  resolution  adopted  November  21st,  1906,  adopting  the  Con- 
stitution of  the  United  States,  was  placed  upon  its  third  reading,  read  and 
engrossment  thereof  finally  adopted  by  the  following  vote: 

Ayes,   73, 

Allen,  Alderson,  Baker,  Banks,  Berry,  Board,  Bowers,  Bryant,  Buch- 
anan, Cain,  Carney,  Carr,  Caudill,  Chambers,  Cochran,  Curl,  Daltoi, 
Bearing,  Edley,  Edmondson,  Ellis,  Gardner,  Graham,  Hanraty,  Harned, 
Harrison  of  45,  Harrison  of  88,  Hausam,  Helton,  Hendricks,  Henshav, 
Herring,  Hogg,  Hudson,  James,  Jenkins,  Johnston,  Jones,  Kane,  King, 
Lee,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McCance,  McClain,  Majo's, 
Mitch,  Moore,  Nelson,  Newell,  Parker,  Pittman,  Quarles,  Ramsey,  Rob- 
erts, Rose,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tenor,  Tucker,  Turner, 
Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wood  of  8, 
Wood  of  8  9,  Wyatt  and  President  Murray. 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole  for  further  consideration  of  Election  Ordinance  Provisions,  vith 
Mr.    Henshaw   in    the  chair. 

At  the  noon  hour  the  Committee  of  the  Whole  rose.  President  vlur- 
ray  resumed  the  chair,  and  Mr.  Henshaw  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Conventiai,  to 
whom  was  referred  the  Election  Ordinance,  beg  leave  to  report  th;,t  we 
have  had  same  under  consideration  and  have  made  progress  thereoi  and 
ask  leave  to  sit  again. 

G.  A.   HENSHAW,   Charman 

On  motion,  the  report  was  adopted. 

Convention  took  recess  until   1:30  p.  m. 

CONVENTION   (  HAMBER. 
Afternoon  Session,  Monday,  April  22,  1907 — 1:30  P.  M. 

The  final  engrossment  of  the  provision,  "Engrossment  of  Prohibi- 
tion Provision,"  which  article  was  adopted  March  11,  1907,  wasread  for 
approval  of  engrossment,  and  the  vote  to  approve  and  finally  ad)pt  same 
resulted    as    follows: 

Ayes,   62. 

Allen,  Alderson,  Baker,  Banks,  Berry,  Board,  Bowers  Bryant, 
Buchanan,  Carney,  Carr,  Caudill,  Chambers,  Cochran,  Curl  Bearing, 
Edmondson,  Ellis,  Fisher,  Gardner,  Graham,  Hanraty,  Harrion  of  45, 
Harrison  of  88,  Hausam,  Helton,  Henshaw,  Hogg,  James,  Johnson,  Jones, 
Kane,  Lee,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  IMcCana  McClain, 
Majors,  Mitch,  Moore,  Nelson,  Newell,  Pittman,  Quarles,  Rfusey,  Rob- 
erts,   Rose,    Sandlin,    Savage,    Sorrells,    Tenor,    Turner,    Tuckr,    Weaver, 


CONVIi^NTlON   OF   OKLAHOMA.  34  5 

Williams  of  3,  Williams  of  97,  Williams  of  lOS,  Wood  of  8,  Wood  of  .S9, 
Wyatt  and  President  Murray. 

Nays,  1. 

King. 

Absent,    49. 

Akers,  Asp,  Bilby,  Brewer,  Cain,  Cloud,  Cobb,  Copeland,  Covey,  Dal- 
ton.  Edley,  Frye,  Harned,  Harris,  Haskell,  Hayes,  Hendricks,  Herring, 
Hill,  Hopkins,  Heuston,  Hudson,  Hughes,  Humphrey,  Hunl.  .Jenkins,  Kelly, 
Kornegay,  Langley,  Lasater,  Latimer,  Leahy,  Leeper,  McClure,  Mathis, 
Maxey,  Messenger,  Norton,  Parker,  Rice,  Rogers,  Sater,  Stowe,  Swarts. 
Tosh,   Tracy,  Tucker,    Wills   and  Wyly. 

President  announced  the  result  of  the  vote  and  declared  that  said 
provision  had  finally  been  adopted  to  be  separately  submitted  to  a  vote 
of  the  people  as  a  proposed  article  of  the  Constitution  for  the  proposed 
State  of  Oklahoma  and  in  the  presence  of  the  Convention,  he  subscribed 
same  as  President  of  the  Convention 

On  motion,  the  Convention  resolved  itself  into  Committee  of  the 
Whole,  for  further  consideration  of  the  Election  Ordinance,  with  Mr. 
Dearing    in    the  chair. 

After  consideration  of  the  matter  referred  to  it,  the  Committee  of 
the  Whole  rose.  President  Murray  resumed  the  chair,  and  Mr.  Dearing, 
as  Chairman  of  the  Committee  of  the  Whole,  reported  as  follows: 

Mr.  President:  We,  your  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  Election  Ordinance,  beg  to  report  that  we  have 
had  same  under  consideration  and  recommend  that  same,  together  with 
a  description  of  all  Commissioners'  Districts,  Municipal  Townships,  and 
the  apportionment  of  all  Commissioners  and  County  Clerks  therein  named, 
be  adopted  as  amended  in  Committee  of  the  Whole. 

W.    S.   DEARING,    Chairman. 

On  motion,  the  report  was  adopted. 

The  proposed  Election  Ordinance  reported  by  the  Special  Committee 
was  placed  upon  its  third  reading  for  final  adoption,  and  the  vote  to 
adopt   same    resulted    as    follows: 

Ayes,  67, 

Allen,  Alderson,  Baker,  Banks,  Berry,  Board,  Bowers,  Bryant, 
Buchanan,  Carney,  Carr,  Caudill,  Chambers,  Cochran,  Curl,  Dearing. 
Edniondson,  Ellis,  Gardner,  Graham,  Hanraty,  Harrison  of  45,  Harrison 
of  88,  Hausam,  Helton,  Henshaw,  Hogg,  James,  Johnston,  Jones,  Kane, 
King,  Lee,  Ledbetter.  Liedtke,  Littlejohn,  Littleton,  McCauce.  McClaln, 
Majors,  Mitch,  Moore,  Nelson,  Newell,  Parker,  Pittman,  Quarles,  Ram- 
sev,    Roberts.    Rose,    Sandlin,    Savage,    Sorrells,     Swarts,     Tenor,    Tracy. 


346  JOURNAL  OP  CONSTITUTIONAL 

Tucker,    Turner,    Weaver,    Williams    of    3,    Williams    of    97,    Williams    of 
108,  Wood  of  8,   Wood  of  89,   Wyatt  and   President   Murray. 

Nays,  0. 

Absent,   45. 

Akers,  Asp,  Bilby,  Brewer,  Cain,  Cloud,  Cobb,  Copeland,  Covey, 
Dalton,  Ediey,  Fisher,  Frye,  Harned,  Harris,  Haskell,  Hayes,  Hendricks, 
Herring,  Hill,  Hopkins,  Heuston,  Hudson,  Hughes,  Humphrey,  Hunt. 
Jenkins,  Kelly,  Kornegay,  Langley,  Lasater,  Latimer,  Leahy,  Leeper, 
McClure,  Mathis,  Maxey,  Messenger,  Norton,  Rice,  Safer,  Stowe,  Tosh, 
Wills    and    Wyly. 

President  Murray  announced  the  result  of  the  vote  and  declared  that 
the  Ordinance  had  been  by  this  vote  finally  adopted  and  made  the  elec- 
tion supplemental  law  for  the  election  to  be  held  August  6th,  1907,  for 
the  ratification  or  rejection  of  the  Constitution  and  upon  the  proposi- 
tion for  Prohibition,  separately  submitted,  and  for  the  election  of  officers 
for  a  full  State  Government,  as  provided  for  in  said  Constitution,  includ- 
ing representatives  in  the  Legislature,  and  for  the  election  of  five  Repre- 
sentatives to  Congress  and  in  the  presence  of  the  Convention,  he  sub- 
scribed  said   provision   as   President   of   the   Convention. 

Mr.  Johnston  introduced  the  following  resolution,  which  on  his 
motion,  was  adopted  by  a  unanimous  vote: 

Mr.  President:  I  respectfully  move  that  when  this  Convention  do 
adjourn,  the  same  do  stand  adjourned  until  the  5th  day  of  August,  in 
the  year  of  1907,  unless  otherwise  convened  and  recalled  by  the  Presi- 
dent of  this  Convention,  and  full  power  and  authority  is  hereby  vested 
in  and  conferred  upon  the  President,  and  in  the  event  of  his  death  or 
inability,  the  Secretary  of  this  Convention  is  hereby  vested  with  power 
to  act  in  his  stead. 

HENRY    S.    JOHNSTON. 

Mr.  Ledbetter  moved  that  5  00  copies  of  the  Ordinance  Relating  to 
Elections  just  passed  be  printed  forth^'ith  and  that  five  copies  of  each  be 
sent  to  each  Delegate  residing  in  the  Counties  in  which  County  Com- 
missioners and  County  Clerks  have  been  appointed  in  said  Ordinance. 

The  motion  prevailed  by  an  unanimous  vote. 

On  motion  of  Mr.  Roberts,  a  vote  of  thanks  was  extended  John  M. 
Young,  Secretary;  W.  A.  Durant,  Sergeant-at-Arms;  Ham  P.  Bee,  Official 
Reporter,  and  E.  C.  Patton,  Minute  and  Journal  Clerk,  for  their  kindness 
in  refusing  to  take  pay  for  their  services  to  the  Convention  out  of  the 
fund   contributed   by   the   members. 

A  Special  Committee  composed  of  Messrs.  Ledbetter,  Baker  and 
Johnston,  was  appointed  to  draft  resolutions,  and  Mr.  Ledbetter,  for 
the  committee,  introduced  the  following  resolution,  which  was  adopted: 

Resolved,  That  upon  the  adjournment  of  this  Convention,  the  Jour- 
nals be  retained  in  the  possession  of  John  McClain  Young,  Secretary,  as 


CONVENTION  OF   OKLAHOMA.  347 

tlie  official  custodian  thereof,  and  cliat  upon  the  organization  of  the  State 
Government,  said  Journals  and  Records  be  by  him  delivered  to  Hon. 
Wm.  H.  Murray,  President  of  the  Convention,  and  that  he  be  and  hereby 
is  authorized  to  prepare  the  same  for  publication.  And  when  so  pre- 
pared, it  shall  be  his  duty  to  deliver  the  same  to  the  Secretary  of  State 
of  the  State  of  Oklahoma. 

LEDBETTER, 

BAKER. 

JOHNSTON. 

Mr.  Williams  of  3,  moved  that  prior  to  adjournment,  the  Conven- 
tion stand  and  sing  "God  Be  With  You  'Till  We  Meet  Again." 

The   motion   prevailed. 

Mr.  Ellis  moved  that  the  Convention  do  now  adjourn  until  August 
5th,   iy07,  unless  sooner  convoked  and   recalled  by  the  President. 

The  Convention  rose,  and  sang  "Cod  Be  With  You  'Till  We  Meet 
Again,"   and   was    led    in    prayer   by    Mr.    Williams   of    3. 

The  motion  to  adjourn  prevailed  and  the  Convention  adjourned 
until   August   5th,    1907. 

CONVENTION   CHAMBER. 
Morning  Session,  Wednesday,  July  10,   1907 — 10  A.  M. 

Pursuant  to  adjournment  on  iMonday,  April  22,  1907,  subject  to  call 
by  the  President,  the  Constitutional  Convention  for  the  proposed  State 
of  Oklahoma,  was  called  to  order;   President  Murray  in  the  chair. 

Invocation  by  Chaplain   Naylor. 

Roll   called;    a    quorum    present. 

Absent:  Asp,  Baker,  Brewer,  Bryant,  Cain,  Chambers,  Cloud,  Coch- 
ran, Copeland,  Covey,  Dalton,  Edley,  Edmondson,  Ellis,  Frye,  Gardner, 
Harris(m,  Plausam,  Herring,  Heuston,  Humphrey,  Kelly,  Lee,  Leeper, 
McCance,    McClure,    Maxey,    Moore,    Rice,    Stowe,    Tosh,    Wills   and   Wyly. 

Jno.  M.  Young,  Secretary;  E.  C.  Patton,  Minute  and  Journal  Clerk; 
N.  A.  Gordon,  Reading  Clerk;  S.  A.  Opliger,  Ham  P.  Bee  and  O.  T. 
Smith,  Official  Reporters;  W.  A.  Durant,  Sergeant-at-Arms;  J.  M.  Miller, 
Doorkeeper,  and  Lon  Smith,  Page,  reported  for  service  and  engaged  in 
their  respective  duties. 

Mr.  Parker  was  appointed  a  Special  Committee  of  One  to  wait  upon 
the  Board  of  Census  Enuemrators  or  Supervisors  and  obtain  any  infor- 
mation that  said  board  may  be  disposed  to  furnish  to  the  Convention  and 
to  ascertain  if  said  board  desires  any  information  of  this  body. 

President  read  a  copy  of  a  communication  addressed  by  him,  as 
President  of  the  Convention  to  the  President  of  the  United  States,  dur- 
ing   recess,    and    President    Roosevelt's    reply    to    same. 

On  motion  of  Mr.  Hayes,  appointments  of  Special  Committees,  since 
recess,  by  President  Murray,  were  confirmed  as  follows:      Committee  to 


3  4S  JOURNAL  OF  CONSTITUTIONAL 

Investigate  an  Alleged  Gerrymander,  to  take  testimony  relative  to  same 
and  upon  Legislative  Apportionment — Messrs.  King,  Nelson,  Sandlin,  Asp, 
Cobb,  Wyatt  and  Allen;  and  as  a  Special  Committee  on  Election  Ordinance 
and  Constitutional  Amendments — Messrs.  Williams  of  108,  Ledbetter, 
Haj'^es,   Henshaw,  Rose,   Johnston  and  Harrison   of  45. 

President  Murray  appointed  as  Janitor,  Joel  Simmons,  colored;  the 
appointment  vi'as  confirmed  and  he  began  his  duties. 

On  motion  of  Mr.  Williams  of  108,  the  Convention  took  recess  until 
3   p.   m. 

CONVENTION   (HAMBER. 
Afternoon    Session,    AV'ednesday,    Jnly    10,    1J)07 — 3    P.    M. 

Convention  called  to  order;    President  Murray  in  the  chair. 
On  motion  of  Mr.  Hayes,  the  Convention  took   recess  until   9  a.   m., 
Thursday,  July  11th. 

CONVENTION   CHAMBER. 
Morning   Session,   Thursday,   July    11,    1007 — 9  A.   M. 

Convention  called  to  order;    President  Murray  in  the  chair. 

Invocation  by  Rev.   Mr.   Nicholas,  of  Guthrie. 

Roll    callrd;    a    quorum    present. 

Absent:  Asp,  Baker,  Bilby,  Brewer,  Bryant,  Cain,  Chambers,  Cloud, 
Copeland,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Harned, 
Harris,  Hausam,  Heuston,  Humphrey,  Hunt,  Kelly,  Leahy,  Lee,  Leeper, 
McCance,  McClure,  Maxey,  Rice,  Stowe,  Tosh,  Wills  and  Wyly. 

Joe  Klink  and  Jordan  McKay  were  appointed  Pages  to  the  Conven- 
tion, the  appointments  wei'e  confirmed,  and  they  appeared  and  took  the 
oath  of  office. 

Mr.    King,    Vice-Chairman    of  the   Committee   of   Rules,    filed    report, 
which  on  motion  of  Mr.  Ellis,  was  adopted  as  follows: 
To  the  Constitutional  Convention  of  the  Proi)osed  State  of  Oklahoma: 

Your  Committee  on  Rules  report  the  following  rule:  That  Rule  No. 
4t),  requiring  a  motion  to  reconsider  any  vote  must  be  made  on  the  same 
day  on  which  the  vote  proposed  to  be  reconsidered  or  on  the  next  legis- 
lative day  succeeding,  be  suspended  as  to  the  action  and  final  vote  of  the 
Convention  on  the  adoption  of  the  Constitution  submitted  to  it;  and  that 
Rule  No.   6G  be   repealed. 

J.  F.  KING,  Vice-chairman. 

Mr.  King  moved  that  the  vote  by  which  the  Constitution  was  adopted 
bo  reconsidered,  same  was  duly  seconded,  and  upon  roll  call  the  vote 
resulted  as  follows: 

Ayes,  72. 

Akers,  Allen,  Alderson,  Banks,  Berry,  Board,  Bowers,  Buchanan, 
Carney,  Carr,  Caudill,  Cobb,  Dearing,  Ellis,  Graham,  Hanraty,  Harrison 
of  4  5,  Harrison  of  88,  Haskell,  Hayes,  Helton,  Hendricks,  Henshaw,  Her- 


CONVENTION  OF   OKLAHOMA.  349 

ring,  Hill,  Hogg,  Hopkins,  Hudson,  Hnghos,  Jenkins,  Johnston,  Jones, 
Kane,  King,  Kornegay,  Langley,  Lasater,  Latimer,  Ledbetter,  Liedtke. 
Littlejohn,.  Littleton,  McClain,  Mathis,  Messenger,  Mitch,  Nelson,  Newell, 
Norton,  Parker,  Pittman,  Ramsey.  Roberts,  Rose,  Sandlin,  Sater,  Sav- 
age, Sorrells,  Swarts,  Tenor,  Tracy,  Tucker,  Turner.  Weaver,  Williams 
of  3,  Williams  of  97,  Williams  of  10<S,  Wood  of  S9,  Wyatt  and  President 
Murray. 

Nays,  0. 

Absent  and    not   voting,    40. 

Asp,  Baker,  Bilby,  Brewer,  Bryant,  Cain,  Chambers,  Cloud,  Cochran, 
Copeland,  Covey,  Curl,  Dalton,  Edley,  Edmondson,  Fisher,  Frye,  Harned, 
Hari'is,  Hausam,  Heuston,  Humphrey,  Hunt,  Jones,  Kelly,  Leahy,  Leeper, 
McCance,  McClure,  Majors,  Maxey,  Moore,  Quarles,  Rice,  Stowe,  Tosh, 
Wills  and  Wyly. 

President  Murray  announced  that  the  motion  to  reconsider  had 
received  the  votes  of  the  majority  of  all  the  Delegates,  that  same  had 
prevailed  and  that  therefore  the  Constitution  was  before  the  Convention  to 
be  acted  upon. 

Upon  motion  of  Mr.  Hayes,  the  adoption  of  the  Constitution  upon 
the  reconsideration,  was  made  a  Special  Order  of  the  day. 

Mr.  Ledbetter  moved  to  amend  Section  2,  Article  1,  by  striking  out, 
after  the  word  "worship,"  to  and  including  the  word  "and,"  the  words 
stricken  out  being  as  follows:  "but  the  toleration  of  religious  senti- 
ment hereby  secured  shall  not  be  so  construed  as  to  excuse  acts  of  licen- 
tiousness or  indecency,  or  to  justify  practices  inconsistent  with  the  good 
morals,  good  order,  peace,  or  safety  of  the  State,  and  the  rights  of  others; 
and."      Motion   was  seconded. 

Roll  called,  and  the  vote  resulted  as  follows: 

Ayes,  69. 

Akers,  Allen,  Alderson,  Board,  Bowers,  Buchanan,  Carney,  Carr, 
Cobb,  Curl,  Bearing,  Ellis,  Fisher,  Graham,  Hanraty,  Harrison  of  SS, 
Haskell,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hop 
kins,  Hudson,  Hughes,  Johnston,  Jones,  Kane,  King,  Kornegay,  Langley, 
Lasater,  Latimer,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McClain. 
Mathis,  Messenger,  Mitch,  Newell,  Norton,  Parker,  Pittman,  Ramsey, 
Roberts,  Rogers,  Rose,  Sandlin,  Safer,"  Savage,  Sorrells^  Swarts,  Tenor, 
Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams 
of  108,   Wood  of  S,  Wood  of  S9,   Wyatt  and   President  Murray. 

Nays,  3. 

Banks,  Caudill   and   Quarles. 

Absent,  40. 

Asp,  Baker,  Bilby,  Brewer,  Bryant,  Cain,  Chambers,  Cloud,  Cope- 
land,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Harned,  Harris, 
Harrison    qf    45,    Hausam,    Heuston,    Humphrey,    Hunt,    Jenkins,    Kelly, 


350  JOURNAL  OF  CONSTITUTIONAL 

Leahy,  Lee,  Leeper,  McCance,  McClure,  Majors,  Maxey,  Moore,  Nelson. 
Rice,  Tosh,  Wills  and  Wyly. 

President  Murray  announced  that  said  amendment  had  received  the 
majority  of  the  votes  of  all  the  Delegates,  and  was  placed  upon  its  thir-1 
reading. 

Mr.  Ledbetter  moved  to  amend  Section  10,  Article  2,  by  adding  to 
said  section,  after  the  last  word  thereof,  the  following:  "By  the  authori- 
ties of  this  State;"  same  was  duly  seconded,  amendment  was  read  three 
times  and  placed  upon  its  final  passage;  roll  called  and  the  vote  upon  its 
final  adoption   resulted  as  follows: 

Ayes,  72. 

Alters,  Allen,  Alderson,  Banks,  Berry,  Board,  Bowers,  Buchanan, 
Carney,  Carr,  Caudill,  Cobb,  Curl,  Bearing,  Ellis,  Fisher,  Graham, 
Hanraty,  Harrison  of  8  8,  Haskell,  Hayes,  Helton,  Hendricks,  Her- 
ring, Hogg,  Hopkins,  Hudson;  Hughes,  James,  Jenkins,  Johnston,  Jones, 
Kane,  King,  Kornegay,  Langley,  Lasater,  Latimer,  Ledbetter,  Liedtke, 
Littiejohn,  Littleton,  McClain,  Mathis,  Messenger.  Mitch,  Newell,  Nor- 
ton, Parker,  Pittman,  Ramsey,  Roberts,  Rogers,  Rose,  Saudlin,  Safer,  Sav- 
age, Sorrells,  Swarts.  Tenor.  Tracy,  Tucker,  Turner,  Weaver,  Williams 
of  3,  Williams  of  97,  Williams  of  108,  Wood  of  8,  Wood  of  89,  Wyatt 
and  President  Murray. 

Nays,    1. 

Quarles. 

Absent,   39. 

Asp,  Baker,  Bilby,  Brewer,  Bryant,  Cain,  Chambers,  Cloud,  Cope- 
land,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Harned,  Harris, 
Harrison  of  4  5,  Hausam,  Heuston,  Humphrey,  Hunt,  Kelly,  Leahy, 
Leeper,  McCahce,  McClure,  Majors,  Maxey,  Moore,  Nelson,  Rice,  Stowe, 
Tosh,  Wills  and  Wyly. 

President  Murray  announced  that  the  motion  to  finally  adopt  said 
amendment  had  prevailed,  that  same  had  received  a  majority  of  all  the 
Delegates,  and  that  same  was  duly  adopted. 

Mr.  Ledbetter  moved  to  amend  Section  12,  Article  2,  by  striking 
out  the  words,  "be  eligible  to"  and  inserting  in  lieu  thereof  the  word 
"hold;"  same  was  duly  seconded.  The  amendment  was  read  three  times 
and  placed  upon  its  final  adoption:  roll  was  called  and  the  vote  to  adopt 
resulted  as  follows: 

Ayes,  73. 

Akers,  Allen,  Alderson,  Banks,  Berry,  Board.  Bowers,  Buchanan, 
(barney,  Carr,  Caudill,  Cobb,  Curl,  Hearing,  Ellis,  Fisher,  Graham,  Han- 
raty, Harrison  of  88,  Haskell,  Hayes,  Helton,  Hendricks,  Henshaw,  Her- 
ring, Hill,  Hogg,  Hopkins,  Hudson.  Hughes,  Johnston,  Jones,  Kane, 
Kelly,  King,  Kornegay,  Langley,  Lasater,  Ledbetter,  Liedtke,  Littiejohn, 
Littleton,    McClain,    Mathis,    Messenger,    Mitch,    Nelson,    Newell,    Norton, 


CONVENTION  OF   OKLAHOMA.  351 

Parker,  Pittman,  Ramsey,  Roberts,  Rogers,  Rose,  Sandlin,  Sater,  Savage, 
Sorrells,  Swarts,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3, 
Williams  of  97,  Williams  of  108,  Wood  of  8,  Wood  of  89,  W^yatt  and 
President  Murray. 

Nays,  1. 

Quarles. 

Absent,    38. 

Asp,  Baker,  Bilby,  Brewer,  Bryant,  Cain,  Chambers,  Cloud,  Cope- 
land,  Covey,  Dalton,  Edley,  Edmondson,  Prye,  Gardner,  Harned,  Harris, 
Harrison  of  45,  Hausam,  Heuston,  Humphrey,  Hunt,  Leahy,  Lee,  Leeper, 
McCance,  McClure,  Majors,  Maxey,  Jenkins,  Moore,  Rice,  Stowe,  Tosh, 
Wills  and  Wyly. 

President  Murray  announced  that  the  motion  to  adopt  said  amend- 
ment had  received  the  votes  of  a  majority  of  all  the  Delegates,  and  was 
duly  adopted. 

Mr.  Ledbetter  moved  to  amend  Section  25,  Article  2,  by  inserting 
after  the  word  "disobeying,"  the  following  words:  "when  not  in  the 
presence  or  hearing  of  the  Court  or  Judge  sitting  as  such;"  same  wa.s 
duly  seconded. 

The  amendment  was  read  three  times  and  placed  upon  its  final  pas- 
sage;   roll  was  called   and   the  vote  to  adopt  resulted   as  follows: 

Ayes,    70. 

Akers,  Allen,  Alderson,  Banks,  Berry,  Board,  Bowers,  Buchanan, 
Carney,  Carr,  Caudill,  Cobb,  Curl,  Bearing,  Ellis,  Fisher,  Graham,  Han- 
raty,  Harrison  of  88,  Haskell,  Hayes,  Helton,  Hendricks,  Henshaw,  Her- 
ring, Hill,  Hogg,  Hopkins,  Hudson,  Hughes,  Johnston,  Jones,  Kane,  King, 
Kornegay,  Langley,  Lasater,  Latimer,  Ledbetter,  Liedtke,  Littlejohn,  Lit- 
tleton, McClain,  Mathis,  Messenger,  Mitch,  Nelson,  Newell,  Norton,  Parker, 
Pittman,  i-tamsey,  Roberts,  Rogers,  Rose,  Sandlin,  Sater,  Savage,  Sorrells, 
Swarts,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams 
of  97,  Williams  of  108,  Wood  of  8,  Wyatt  and  President  Murray. 

Nays,   3. 

Ellis,  Hudson  and  Quarles. 

Absent,  39. 

Asp,  Baker,  Bilby,  Brewer,  Bryant,  Cain,  Chambers,  Cloud,  Cope- 
land,  Covey,  Dalton,  Edley,  p]dmondson,  Frye,  Gardner,  Harned,  Harris, 
Harrison  of  45,  Hausam,  Heuston,  Humphrey,  Hunt,  James,  Jenkins, 
Leahy,  Lee,  Leeper,  McCance,  McClure,  Majors,  Maxey,  Moore,  Rice, 
Stowe,  Tosh,  Wills,  Wyly  and  Wood  of  89. 

President  Murray  announced  that  the  motion  to  amend  had  received 
the  vote  of  the  majority  of  all  the  Delegates  and  was  duly  adopted. 

Mr.  Ledbetter  moved  to  amend  Article  3,  by  striking  out  Section  2 
thereof;  same  was  duly  seconded.     The  section  proposed  to  be  stricken  out 


352  JOURNAL  OF  CONSTITUTIONAL 

was  read  three  times  and  the  motion  was  placed  upon  its  final  passage, 
and  the  vote  upon  roll  call  resulted  as  follows: 

Ayes,  72. 

Akers,  Allen,  Alderson,  Banks,  Berry,  Board,  Bowers,  Buchanan, 
Carney,  Carr,  Caudill,  Cobb,  Curl,  Ellis,  Fisher.  Graham,  Hanraty,  Har- 
rison of  88,  Haskell,  Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill, 
Hogg,  Hopkins,  Hudson,  Hughes,  Johnston,  Jones,  Kane,  King,  Kornegay. 
Langley,  Lasater,  Latimer,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  Mc- 
Clain,  Mathis,  Messenger,  Mitch,  Nelson,  Newell,  Norton,  Parker,  Pitt- 
man,  Ramsey,  Roberts,  Rogers,  Rose,  Sandlin,  Sater,  Savage,  Sorrells, 
Swarts,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams 
of  97,  Williams  of  108,  Wood  of  8,  Wood  of  89,  Wyatt  and  President 
Murray. 

Nays,  1. 
Quarles. 
Absent,    39. 

Asp,  Baker,  Bilby,  Brewer,  Bryant,  Cain,  Chambers,  Cloud,  Cope- 
land,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Harned,  Harris, 
Harrison  of  45,  Hausam,  Heuston,  Humphrey,  Hunt,  Jenkins,  Leahy,  Lee, 
Leeper,  McCance,  McClure,  Majors,  Maxey,  Moore,  Rice,  Stowe,  Tosh, 
Wills,   Wyly  and   Cochran. 

President  Murray  announced  that  the  motion  to  strike  out  had  re- 
ceived the  votes  of  a  majority  of  all  the  Delegates  and  that  said  section 
was  stricken  out. 

Mr.  Ledbetter  moved  to  amend  Section  3,  Article  5,  by  inserting 
after  the  word  "reference"  and  before  the  word  "any,"  the  following 
words:  "Any  measure  referred  to  the  people  by  the  Initiative  shall  take 
effect  and  be  in  force  when  it  shall  have  been  approved  by  a  majority  of 
the  votes  cast  in  such  election;"  and  by  inserting  immediately  after  the 
word  "people"  and  before  the  word  "shall"  the  following  words:  "by 
the  referendum."  Motion  was  duly  seconded.  Roll  called  and  the  vote 
to    adopt    same    resulted    as    follows; 

Ayes,  69. 

Akers,  Allen,  Alderson,  Banks,  Berry,  Board,  Bowers,  Buchanan, 
Carney,  Carr,  Caudill,  Cobb,  Curl,  Bearing,  Ellis,  Fisher,  Graham,  Han- 
raty, Harrison  of  4  5,  Harrison  of  88,  Haskell,  Hayes,  Helton,  Hendricks 
Henshaw,  Herring,  Hili,  Hogg,  Hudson,  Hughes,  Johnston,  Jones,  Kane, 
King,  Kornegay,  Langley,  Lasater,  Latimer,  Ledbetter,  Liedtke,  Little- 
john, Littleton,  McClain,  Mathis,  .Messenger,  Mitch.  Nelson,  Newell,  Nor- 
ton, Parker,  Ramsey,  Roberts,  Rogers,  Rose,  Sandlin,  Sater,  Savage. 
Sorrells,    Swarts,    Tenor,    Tracy,    Tucker,    Weaver,    Williams    of    3,    Wil- 


CONVENTION  OF  OKLAHOMA.  353 

liams  of  97,  Williams  of  108,  Wood  of  S,  Wood  of  89,  Wyatt  and  Pres- 
ident Murray. 

Nays,   3. 

Hopkins,   Quarles   and    Tracy. 

Absent,  40. 

Asp,  Baker,  Bilby,  Brewer,  Bryant,  Cain,  Chambers,  Cloud,  Cope- 
land,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Harned,  Harris, 
Hausam,  Heuston,  Humphrey,  Hunt,  Jenkins,  Leahy,  Lee,  Leeper,  Mc- 
Cance,  McClure,  Majors,  Maxey,  Moore,  Rice,  Pittman,  Stowe,  Tosh, 
Wills,  Wyly  and  Cochran. 

President  Murray  announced  that  the  motion  to  amend  had  received 
the  votes  of  a  majority  of  all  the  Delegates  and  that  said  amendment  was 
duly  adopted. 

Mr.  Hayes  moved  to  amend  Section  3,  Article  5,  by  striking  out  the 
following  words:  "and  if  the  legislature  shall  fail  to  make  such  provi- 
sion, or  shall  make  inadequate  provision,  then  the  Governor  of  the  State 
shall,  by  executive  order,  make  such  rules  as  may  be  necessary  to  carry 
these   provisions   into   effect."      Motion   was   duly   seconded. 

The  proposed  amendment  was  read  three  times  and  placed  upon  its 
final  passage;   roll  called  and  the  vote  to  adopt  resulted  as  follows: 

Ayes,   74. 

Akers,  Allen,  Alderson,  Banks,  Berry,  Board,  Bowers,  Buchanan, 
Carney,  Carr,  Caudill,  Cobb,  Curl,  Bearing,  Fisher,  Graham,  Hanraty, 
Harrison  of  88,  Harrison  of  4  5,  Haskell,  Hayes,  Helton,  Hendricks,  Hen- 
shaw.  Herring,  Hill,  Hogg,  Hopkins,  Hudson,  Hughes,  Jenkins,  Johnston, 
Jones,  Kane,  Kelly,  King,  Kornegay,  Langley,  Lasater,  Latimer,  Ledbet- 
ter,  Liedtke,  Littlejohn,  Littleton,  McClain,  Mathis,  Majors,  Messenger, 
Mitch,  Nelson,  Newell,  Norton,  Parker,  Pittman,  Ramsey,  Roberts,  Rogers, 
Rose,  Sandlin,  Safer,  Savage,  Sorrells,  Swarts,  Tenor,  Tracy,  Tucker, 
Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wood  of  89, 
Wyatt  and  President  Murray. 

Nays,  2. 

Wills  and  Quarles. 

Absent,   36. 

Asp,  Baker,  Bilby,  Brewer,  Bryant,  Cain,  Chambers,  Cloud,  Cope- 
land,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Harned,  Harris, 
Hausam,  Heuston,  Humphrey,  Hunt,  Leahy,  Lee,  Leeper,  McCance,  Mc- 
Clure, Moore,  Rice,  Stowe,  Tosh,  Wyly,  Maxey,  Cochran  and  James. 

President  Murray  announced  that  the  motion  to  amend  had  received 
the  votes  of  a  majority  of  all  the  Delegates,  and  was  therefore  duly 
adopted. 

Mr.  Hayes  moved  to  amend  Section  5.  Article  5.  by  striking  out  the 
words  "and  special"  before   the  words   "legislation,"  and  further  amend 


354  JOURNAL  OF  CONSTITUTIONAL 

by  striking  out  the  word   "and"  after  the  word  "legislation"   and  before 
the  word  "action"  and  inserting  in  lieu  thereof  the  word  "or." 

The  proposed  amendments  were  read  three  times  and  put  upon  their 
final  adoption;  roll  was  called  and  the  vote  to  adopt  resulted  as  follows: 

Ay  OS,  78. 

Akers,  Allen,  Alderson,  Banks,  Berry,  Board,  Bowers,  Buchanan, 
Carney,  Carr,  Caudill,  Cobb,  Curl,  Bearing,  Ellis,  Fisher,  Graham,  Han- 
raty,  Ilarned,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes, 
Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Hudson, 
Hughes,  Johnston,  Jones,  Kane,  King,  Kornegay,  Kelly,  Langley, 
Lasater,  Latimer,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McClain, 
Majors,  Mathis,  Messenger,  Mitch,  Moore,  Nelson,  Newell,  Norton,  Parker, 
Pittman,  Ramsey,  Roberts,  Rogers,  Rose,  Sandlin,  Sater,  Savage,  Sor- 
rells,  Swarts,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3, 
Williams  of  97,  Williams  of  lOS,  Wood  of  8,  Wood  of  89,  Wyatt  and 
President  Murray. 

Nays,  1. 
Quarles. 
Absent,   32. 

Asp,  Baker,  Bilby,  Brewer,  Bryant,  Cain,  Chambers,  Cloud,  Cope- 
land,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Harris,  Heuston 
Humphrey,  Hunt,  Jenkins,  Leahy,  Lee,  Leeper,  McCance,  McClure, 
Maxey,   Rice,  Cochran,  Stowe,  Tosh,  Wills,  Wyly  and  James. 

President  Murray  announced  that  the  motion  to  adopt  the  amend- 
ments in  said  section  had  received  the  votes  of  a  majority  of  all  the 
Delegates  and  was  therefore  duly  adopted. 

Mr.  Hayes  moved  to  amend  Section  7,  Article  5,  by  inserting  after 
the  words  "right  to"  the  following  words:  "repeal  any  law;"  motion  was 
duly  seconded.  The  proposed  amendment  was  read  three  times  and  put 
upon  final  adoption  and  the  vote  to  adopt  said  amendment  resulted  as 
follows: 

Ayes,   79. 

Akers,  Allen,  Alderson,  Asp,  Banks,  Berry,  Board,  Bowers,  Buch- 
anan, Carney,  Carr,  Caudill,  Cobb,  Curl,  Bearing,  Ellis,  Fisher,  Graham, 
Hanraty,  Harned,  Harrison  of  45,  Harrison  of  8  8,  Haskell,  Hausam, 
Hayes,  Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Hud- 
son, Hughes,  Jenkins,  Johnston,  Jones,  Kane,  King,  Kornegay,  Langley, 
Lasater,  Latimer,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McClain, 
Mathis,  Messenger,  Mitch,  Moore,  Nelson,  Newell,  Norton,  Parker,  Pitt- 
man,  Ramsey,  Roberts,  Rogers,  Rose,  Sandlin,  Sater,  Savage,  Sorrells, 
Swarts,  Tenor,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams 


CONVENTION  OF   OKLAHOMA.  355 

of  97,  Williams  of  108,  Wood  of  8,  Wood  of  89,  Wyatt  and  President 
Murray. 

Nays,   1. 

Quarles. 

Absent,  3  2. 

Baker,  Bilby,  Brewer,  Bryant,  Cain,  Chambers,  Cloud,  Cochran, 
Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Harris,  Heuston,  Hum- 
phrey, Hunt,  James,  Kelly,  Leahy,  Lee,  Leeper,  McCance,  McClure, 
Majors,    Maxey,    Rice,    Stowe,    Tosh,    Wills    and   Wyly. 

President  Murray  announced  that  the  motion  to  adopt  said  amend- 
ment had  received  the  votes  of  a  majority  of  all  the  Delegates  and  was 
therefore  duly  adopted. 

Mr.  Hayes  moved  to  amend  Section  58,  Article  5,  by  inserting  after 
the  word  "except"  and  before  the  words:  "enactment  for  carrying  into 
effect  provisions  relating  to  the  Initiative  and  Referendum;"  same  was 
duly  seconded. 

The  motion  and  the  proposed  amendment  were  read  three  times  and 
the  amendment  put  upon  its  final  passage;  roll  was  called  and  the  vote 
to  adopt  resulted  as  follows: 

Ayes,  77. 

Akers,  Allen,  Alderson,  Asp,  Banks,  Berry,  Board,  Bowers,  Buch- 
anan, Carney,  Carr,  Caudill,  Cobb,  Curl,  Bearing,  Ellis,  Fisher,  Graham, 
Hanraty,  Harned,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hayes,  Hausam, 
Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hudson,  Hughes,  Jenk- 
ins, Johnston,  Jones,  Kane,  King,  Kornegay,  Langley,  Lasater,  Latimer, 
Ledbetter,  Liedtke,Littlejohn,  Littleton,  McClain,  Mathis,  Messenger,  Mitch, 
Moore,  Nelson,  Newell,  Norton,  Parker,  Pittman,  Ramsey,  Roberts, 
Rogers,  Rose,  Sandlin.  Safer,  Savage,  Sorrells,  Swarts,  Tenor,  Tracy, 
Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108, 
Wood  of  8,  Wood  of  89,  Wyatt  and  President  Murray. 

Nays,    2. 

Hopkins  and  Quarles. 

Absent,  33. 

Baker,  Bilby,  Brewer,  Bryant,  Cain.  Chambers,  Cloud,  Cochran, 
Copeland,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Harris, 
Heuston,  Humphrey,  Hunt,  James,  Kelly,  Lee,*  Leahy,  Leeper,  McCance, 
McClure,  Majors,  Maxey,  Rice,  Stowe,  Tosh,  Wills  and  Wyly. 

President  Murray  announced  that  the  proposed  amendment  had 
received  the  votes  of  a  majority  of  all  the  Delegates  and  was  therefore 
duly  adopted. 

Mr.  Hayes  moved  to  amend  Section  31,  Article  6,  by  striking  out 
the  word  "elected"  and  inserting  thereof  the  word  "selected;"  same  was 
duly  seconded. 

The    motion    and   the   proposed   amendment    were    read    three    times 


356  JOURNAL  OF  CONSTITUTIONAL 

and  the  amendment  was  put  upon  its  final  passage;  roll  called  and  the  vote 
resulted   as  follows: 

Ayes,    77. 

Akers,  Allen,  Alderson,  Asp,  Banks,  Berry,  Board,  Bowers,  Buchanan, 
Carney,  Carr,  Caudill,  Cobb,  Curl,  Bearing,  Ellis,  Fisher,  Graham,  Han- 
raty,  Harned,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes, 
Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Hudson, 
Hughes,  Jenkins,  Johnston,  Jones,  Kane,  King,  Langley,  Lasater,  Lat- 
imer, Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McClaiu,  Majors,  Mathis. 
Messenger,  Mitch,  Nelson,  Newell,  Norton,  Parker,  Pittman,  Rams^ey, 
Roberts,  Rogers,  Rose,  Sandlin,  Savage,  Sater,  Sorrells,  Swarts,  Tenor, 
Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williames 
of  108,  Wood  of  8,  Wood  of  89,  Wyatt  and  President  Murray. 

Nays,  1. 

Quarles. 

Absent,  34. 

Baker,  Bilby,  Brewer,  Bryant,  Cain,  Chambers,  Cloud,  Cochran,  Cope- 
land,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Harris,  Heuston, 
Humphrey,  Hunt,  James,  Kelly,  Kornegay,  Leahy,  Lee,  Leeper,  McCance, 
-McClure,   Maxey,   Moore,    Rice,   Stowe,   Tosh,   Wills  and  Wyly. 

President  Murray  announced  that  the  motion  to  amend  had  received 
the  votes  of  a  majority  of  all  of  the  Delegates  and  was  therefore  duly 
adopted. 

Mr.  Hayes  moved  to  amend  Section  8,  Article  9,  by  inserting  after  the 
words:  "having  under  its  control  a  parallel  or  competing  line,"  the  fol- 
lowing words:  "except  by  enactment  of  the  legislature  upon  the  recom- 
mendation of  the  Corporation  Commission:  Provided,  However,  That  the 
Legislature  shall  never  enact  any  law  permitting  any  public  service  cor- 
poration, the  lessees,  purchasers,  or  managers  thereof,  when  such  public 
service  corporation  is  organized  under  the  laws  of  any  other  State,  or 
of  the  United  States,  to  consolidate  the  stock,  property,  or  franchises,  of 
such  corporation  with,  or  lease,  or  purchase  the  works  of,  franchises  of, 
or  in  any  way  control,  any  other  public  service  corporation,  organized 
under  the  laws  of  any  other  State,  or  of  the  United  States,  owning  or 
having  under  its  control  in  this  State,  a  parallel  or  competing  line." 
Same  was  duly  seconded.  ' 

The  amendment  was  read  three  times  and  placed  upon  its  final  pas- 
sage. The  roll  was  called  and  the  vote  upon  the  motion  to  adopt  resulted 
as   follows: 

Ayes,   75. 

Akers,  Allen,  Alderson,  Banks,  Berry,  Board,  Bowers,  Buchanan,  Car- 
ney, Carr,  Caudill,  Cobb,  Curl,  Bearing,  Ellis,  Fisher,  Graham.  Hanraty, 
Harned,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Hel- 
ton, Hendricks,  Henshaw,  Herring,  Hill,   Hogg,  Hughes,  Johnston,  Jones, 


CONVENTION  OF   OKLAHOMA.  357 

Kane,  King,  Langley,  Lasater,  Latimer,  Ledbetter,  Liedtke,  Littlejohn, 
Littleton,  McClain,  Majors,  Matins,  Messenger,  Mitch,  Moore,  Nelson, 
Newell,  Norton,  Parker,  Pittman,  Ramsey,  Roberts,  Rogers,  Rose,  Sand- 
lin,  Sater,  Savage,  Sorrells,  Swarts,  Tenor,  Tracy,  Tucker,  Turner,  Weaver, 
Williams  of  3,  Williams  of  97,  Williams  of  108,  Wood  of  8,  Wood  of  89, 
Wyatt  and  President  Murray. 

Nays,  5. 

Asp,  Hopkins,  Hudson,  Jenkins  and  Quarles. 

Absent,  33. 

Baker,  Bilby,  Brewer,  Bryant,  Cain,  Chambers,  Cloud,  Cochran, 
Copeland,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Harned,  Har- 
ris, Heuston,  Humphrey,  Hunt,  Kelly,  James,  Leahy,  Lee,  Leeper,  Mc- 
Cance,  McClure,  Mpxey,  Rice,  Stowe,  Tosh,  Wills  and  Wyly. 

President  Murray  announced  that  the  motion  to  amend  had  received 
the  votes  of  a  majority  of  all  the  Delegates  and  that  the  amendment  was 
duly  adopted. 

Mr.  Hayes  moved  to  amend  Section  44,  Article  9,  by  striking  out  the 
following  words:  "shall  restrict  the  power  of  the  Legislature  to  discrim- 
inate against  any  foreign  corporation  whenever  and  in  whatever  respect 
it  may  deem  wise  or  expedient,"  and  inserting  in  lieu  thereof:  "shall 
restrict  or  limit  the  power  of  the  Legislature  to  impose  conditions  under 
which  foreign  corporations  may  be  licensed  to  do  business  in  this  State." 
Motion  seconded. 

The  proposed  amendment  was  read  three  times  and  put  upon  its  final 
passage  and  the  vote  to  adopt  same  resulted  as  follows: 

Ayes,    77. 

Akers,  Allen,  Alderson,  Asp,  Banks,  Berry,  Board,  Bowers,  Buchanan, 
Carney,  Carr,  Caudill,  Cobb,  Curl,  Bearing,  Ellis,  Fisher,  Graham,  Han- 
raty,  Harned,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hayes,  Hausam, 
Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Hudson, 
Hughes,  Jenkins,  Johnston,  Jones,  Kane,  King,  Langley,  Lasater,  Lat- 
imer, Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McClain,  Mathis,  Messen- 
ger, Mitch,  Moore,  Nelson,  Newell,  Norton,  Parker,  Pittman,  Ramsey, 
Roberts,  Rogers,  Rose,  Sandlin,  Sater,  Savage,  Sorrells,  Swarts,  Tenor, 
Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams 
of  108,  Wood  of  S,  Wood  of  89,  Wyatt  and  President  Murray. 
Nays,  1. 

Quarles. 
Absent,  34. 

Baker,  Bilby,  Brewer,  Bryant,  Cain,  Chambers,  Cloud,  Cochran, 
Copeland,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Harris, 
Heuston,  Humphrey,  Hunt,  James,  Kelly,  Leahy,  Leo.  Leeper,  McCance, 
McClure,   Majors,   Maxey,   Rice.   Stowe,   Tosh,  Wills  and  Wyly. 

President  Murray  announced  that  the  motion  to  amend  had  received 


358  JOURNAL  OF  CONSTITUTIONAL 

the  votes  of  a  majority  of  all  the  Delegates,  and  was  therefore  duly 
adopted. 

Mr.  Hayes  moved  to  amend  Article  9,  by  striking  out  Section  45 
thereof.  Motion  read  three  times  and  put  upon  its  final  passage.  Roll 
called  and  the  vote  resulted  as   follows: 

Ayes,   7  0. 

Akers,  Allen,  Alderson,  Asp,  Banks,  Berry,  Board,  Bowers,  Buch- 
anan, Carney,  Caudill,  Cobb,  Curi,  Bearing,  Ellis,  Fisher,  Hari'ison  of 
4  5,  Harrison  of  8  8,  Haskell,  Hausam,  Hayes,  Helton,  Hendricks,  Hen- 
shaw.  Hill,  Hogg,  Hopkins,  Hudson,  Hughes,  Jenkins,  Johnston,  Jones, 
Kane,  King,  Kornegay,  Lasater,  Ledbetter,  Littlejohn,  Littleton,  Mc- 
(J!ain,  Malhis,  Messenger,  Mitch,  Moore,  Nelson,  Newell,  Norton,  Parker, 
Pittman,  Ramsey,  Roberts,  Rogers,  Sandlin,  Safer,  Savage,  Sorrellg, 
Swarts,  Tenor,  Tracy,  Tucker,  Turner,  Williams  of  3,  Williams  of  108, 
Wood  of  8,  Wood  of  89,  Wyatt  and   President  Murray. 

Nays,  5. 

Graham,  Hanraty,  Latimer,  Quarles  and  Weaver. 

Abseilt,   37. 

Baker,  Bilby,  Brewer,  Bryant,  Cain,  Chambers,  Cloud,  Cochran, 
Copeland,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Harris, 
Heuston,  Humphrey,  Hunt,  James,  Kelly,  Leahy,  Lee,  Leeper,  McCance, 
Herring,  Langley,  Majors,  Maxey,  Rice,  Stowe,  Tosh,  Wills,  Wyly  and 
Rose. 

President  Murray  announced  that  motion  to  strike  out  had  received 
the  vote  of  a  majority  of  all  the  Delegates,  and  was  therefore  stricken 
out,  and  was  no  longer  a  part  of  said  article. 

On  motion  of  Mr.  Hayes,  the  Convention  took  i-ecess  until  9  a.  m., 
Friday,  July  12,  1907. 

CONVENTION  CHAMBER. 
Morning  Session,  Friday,  July  12,   1907 — 9:00  A.   M. 

Convention  called  to  order;   President  Murray  in  the  chair. 

Invocation  by  Chaplain. 

Roll  called;    a  quorum  present. 

Absent:  Baker,  Bilby,  Brewer,  Bryant,  Buchanan,  Cain,  Chambers, 
Clochran,  Copeland,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner, 
Heuston,  Leahy,  Lee,  Leeper,  McCance,  McClure,  Majors,  Maxey,  Rice, 
Stowe,  Tosh,  Tenor,  Tracy,  Wills  and  Wyly. 

Consideration  of  the  Constitution  was  resumed. 

Mr.  Hayes  moved  to  amend  Section  18,  Article  7,  by  striking  out  the 
following  words:  "and  district  court,"  when  and  where  they  first  appear 
in  said  section.      Motion  was  seconded. 

The  proposed  amendment  was  read  three  times  and  put  upon  its  final 


CONVENTION  OF   OKLAHOMA.  359 

passage;  roll  called  and  the  vote  to  adopt  said  amendment  resulted  as 
'ollows: 

Ayes,  71. 

Akers,  Allen,  Alderson,  Asp,  Banks,  Berry,  Board,  Bowers,  Carney, 
Carr,  Caudill,  Cloud,  Cobb,  Bearing,  Ellis,  Fisher,  Graham,  Hanraty, 
liarned,  Harris,  Harrison  of  45,  Harrison  of  SS,  Haskell,  Hausam,  Hayes, 
Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Hudson,  Hughes, 
Jenkins,  Johnston,  Jones,  Kane,  King,  Langley,  Lasater,  Latimer,  Led- 
better,  Littlejohn,  Littleton,  McClain,  Mathis.  Moore,  Nelson,  Newell, 
Norton,  Parker,  Pittman,  Quarks,  Ramsey,  Roberts,  Rogers,  Rose,  Sand- 
lin,  Sater,  Sorrells,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of 
lUS,  Wood  of  8,  Wood  of  89,  Wyatt  and  President  Murray. 

Nays,    1. 

Kornegay. 

Absent,  40.  - 

Baker,  Bilby,  Brewer,  Bryant,  Buchanan,  Cain,  Chambers,  Cochran, 
Copeland,  Covey,  Dalton,  Bdley,  Edmondson,  Frye,  Gardner,  Helton, 
Heuston,  Humphrey,  Hunt,  James,  Leahy,  Lee,  Leeper,  Liedtke;  McCance, 
McClure,  Majors,  Maxey,  Messenger,  Mitch,  Rice,  Savage,  Stowe,  Swarts, 
Tenor,  Tosh,   Tracy,  Williams  of   97,  Wills  and  Wyly. 

President  Murray  announced  that  the  motion  to  amend  had  received 
the  votes  of  a  majority  of  all  the  Delegates,  that  same  had  prevailed,  and 
the  words  indicated  in  said  motion  were  ordered  stricken  out. 

Mr.  Kornegay  moved  the  reconsideration  of  the  vote  by  which  said 
amendment  was  adopted,  and  same  is  pending. 

Mr.  Hayes  moved  to  amend  Article  3,  by  striking  out  Section  3 
thereof  as  it  now  reads  and  substitute  therefor,  the  following:  "For 
the  purpose  of  voting,  no  member  of  the  regular  army  or  navy  of  the 
United  States  shall  gain  a  residence  in  this  State,  nor  shall  any  person 
lose  a  residence  in  this  State,  while  absent  from  the  State  in  military 
or  naval  service  of  the  United  States."     The  motion  was  seconded. 

The  amendment  was  read  three  times  and  placed  upon  its  final  pas- 
sage. Roll  called  and  the  vote  on  the  motion  to  adopt  same  resulted 
as  follows: 

Ayes,   72. 

Akers,  Allen,  Alderson,  Asp,  Banks,  Berry,  Board,  Bowers,  Carney, 
Carr,  Caudill,  Cloud,  Cobb,  Curl,  Bearing,  Ellis,  Fisher,  Frye,  Graham, 
Hanraty,  Harned,  Harris,  Harrison  of  4  5,  Harrison  of  8  8,  Haskell,  Hau- 
sam, Hayes,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg.  Hopkins,  Hudson. 
Hughes,  Jenkins,  Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay,  Langley, 
Lasater,  Latimer,  Ledbetter,  Littleton,  Littlejohn,  McClain,  Mathis,  Moore, 
Nelson,    Newell,    Norton,    Parker,    Pittman,    Quarles,    Ramsey,    Roberts, 


360  JOURNAL  OF  CONSTITUTIONAL 

Rogers,  Ro'se,  Sandlin,  Sater,  Sorrels,  Tucker,  Turner,  Weaver,  Williams 
of  3,  Williams  of  108,  Wood  of  89,  Wyatt  and  President  Murray. 
Nays,  0. 
Absent,    41. 

Baker,  Bilby,  Brewer,  Buchanan,  Cain,  Chambers,  Cochran,  Cope- 
land,  Covey,  Dalton,  Edley,  Edmondson,  Helton,  Heuston,  Humphrey, 
Hunt,  James,  Leahy,  Lee,  Leeper,  Liedtke,  McCance,  McClure,  Majors, 
Maxey,  Messenger,  Mitch,  Rice,  Savage,  Tosh,  Tenor,  Tracy,  Williams  of 
97,  Wills,  Wood  of  8,  and  Wyly. 

President  Murray  announced  that  the  motion  to  adopt  had  received 
the  votes  of  a  majority  of  the  Delegates,  that  same  had  prevailed,  and 
the  amendment  was  adopted. 

Mr.  Hayes  moved  to  amend  Section  8,  Article  2  3,  by  striking  out  the 
following  words:  "or  any  law  made  in  accordance  therewith."  Motion 
was  duly  seconded. 

The  motion  and  the  clause  proposed  therein  to  be  stricken  out  were 
read  three  times  and  the  amendment  put  upon  its  final  passage;  roll  was 
called  and  the  vote  resulted  as  follows: 
Ayes,  77. 

Akers,  Allen,  Alderson,  Asp,  Banks,  Berry,  Board,  Bowers,  Carney, 
Carr,  Caudill,  Cloud,  Curl,  Cobb,  Bearing,  Ellis,  Fisher,  Graham,  Han- 
raty,  Harned,  Harris,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam. 
Hayes,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Hudson, 
Hughes,  Jenkins,  Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay,  Lasater, 
Latimer,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McClain,  Mathis,  Mes- 
.■senger,  Mitch,  Moore,  Nelson,  Newell,  Norton,  Parker,  Pittman,  Quarles. 
Ramsey,  Roberts,  Rogers,  Rose,  Sandlin,  Sater,  Sorrells,  Swarts,  Tracy, 
Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  108,  Wood  of  8, 
Wood  of  89,  Wyatt  and  President  Murray. 
Nays,  0. 
Absent,   35. 

Baker,  Bilby,  Brewer,  Bryant,  Buchanan,  Cain,  Chambers,  Cochran, 
Copeland,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Helton, 
Heuston,  Humphrey,  Hunt,  James,  Leahy,  Lee,  Leeper,  McCance,  Mc- 
Clure, Maxey,  Rice,  Savage,  Stowe,  Tosh,  Tenor,  Williams  of  97,  Wills 
and  Wyly. 

President  Murray  announced  that  the  motion  to  strike  out  had 
received  the  votes  of  a  majority  of  all  the  Delegates,  that  same  had  pre- 
vailed,  and  that  said  clause  was  ordered  stricken  out. 

Mr.  Hayes  moved  to  amend  Section  6,  of  the  Schedule,  by  striking 
out  the  words:  "In  the  State  of  Oklahoma"  in  the  last  sentence  of  said 
section,  and  inserting  in  lieu  thereof  the  following  words:  "and  of 
County    Superintendent   of    Public    Instruction."      Motion    was    duly    sec- 


CONVENTION  OF  OKLAHOMA.  361 

onded;    the  proposed  amendment  was  read  three  times  and   placed  upon 
its   final  passage. 

Roll  was  called  and  the  vote  on  the  motion  to  adopt,  resulted  as 
follows: 

Ayes,   75. 

Akers,  Allen,  Alderson,  Asp.  Banks,  Berry,  Board,  Bowers,  Carney, 
Carr,  Caudill,  Cobb,  Curl,  Bearing.  Ellis,  Fisher,  Graham,  Hanraty,  Har- 
ned,    Harrison  of   45,   Harris,    Harrison   of    88,   Haskell,    Hausam,    Hayes, 
Helton,    Hendricks,    Henshaw,    Herring,    Hill,    Hogg,    Hopkins,    Hudson, 
Hughes,  Jenkins,  Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay,  Langley, 
Lasater,    Latimer,    Ledbetter,    Liedtke,     Littlejohn,     Littleton,    McClain, 
Mathis,  Messenger,   Mitch,   Moore,  Nelson,  Newell,  Norton,   Parker,  Pitt- 
man,   Quarles,   Ramsey,   Roberts,   Rogers,   Rose,   Sandlin,    Sater,   Sorrells, 
Swarts,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  108,  Wyatt 
and   President  Murray. 
Nays,    1. 
Wood  of  89. 
Absent,  36. 

Baker,  Bilby,  Brewer,  Bryant,  Buchanan,  Cain,  Chambers,  Cochran, 
Copeland,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Heuston. 
Humphrey,  Hunt,  James,  Lee,  Leahy,  Leeper,  McCance,  McClure,  Majors, 
Maxey,  Rice,  Savage,  Stowe,  Tosh,  Tenor,  Tracy.  Williams  of  97,  Wills, 
Wood  of  8,  and  Wyly. 

President  Murray  announced  that  the  motion  to  amend  had  received 
the  votes  of  a  majority  of  all  the  Delegates  and  that  said  amendment 
was  duly  adopted. 

Mr.  Hayes  moved  to  amend  Section  46,  Article  9,  by  inserting  before 
the  first  word  in  said  section,  the  following  words:  "Until  otherwise 
provided  by  law,"  and  by  inserting  after  the  word  "of"  and  before  the 
vvord  "destroying"  the  words  "creating  a  monopoly  or,"  and  after  the 
word  "grade"  and  before  the  words  "or  quality"  the  word  "quantity." 
Motion  was  duly  seconded,  and  the  proposed  amendments  to  said  section 
were  read  three  times  and  placed  upon  final  passage;  roll  was  called  and 
the  vote  on  the  motion  resulted  as  follows: 
Ayes,  76. 

Akers,  Allen,  Alderson,  Asp,  Banks,  Board,  Bowers,  Carney,  Carr, 
Caudill,  Cloud,  Cobb,  Curl,  Dearing,  Ellis,  Fisher,  Graham,  Hanraty, 
Harned,  Harris,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes, 
Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Hudson.  Hughes. 
Jenkins,  Johnston,  Jones.  Kane,  Kelly,  King,  Kornegay,  Langley,  Lasater, 
Ledbetter,  Latimer,  Liedtke,  Littlejohn,  Littleton,  McClain,  Mathis,  Mes- 
senger, Mitch,  Moore,  Nelson,  Newell,  Norton,  Parker,  Pittman,  Quarles, 
Ramsey,   Roberts,   Rogers,   Rose,  Sandlin,   Sater,  Sorrells,   Swarts,   Tracy, 


362  JOURNAL  OP  CONSTITUTIONAL 

Tucker,   Turner,   Weaver,   Williams  of   3,  Williams  of    108,  Wood   of    89, 
Wyatt  and  President  Murray. 
Nays,  0. 
Absent,  3  6. 

Baker,  Bilby,  Brewer,  Bryant,  Buchanan.  Cain,  Chambers,  Cochran, 
Covey,  Dalton,  Ediey,  Edmondson,  Frye,  Gardner,  Helton,  Heuston,  Hum- 
phrey, Hunt,  James,  Leahy,  Lee,  Leeper,  McCance,  McClure,  Majors, 
Maxey,  Rice,  Savage,  Stowe,  Tosh,  Tenor,  Williams  of  9  7,  Wills,  Wood  of 
8,  and  Wyly. 

President  Murray  announced  that  the  motion  to  amend  had  received 
the  vote  of  a  majority  of  all  the  Delegates  and  that  said  amendment  was 
duly  adopted. 

Mr.  Hayes  moved  to  amend  Section  10,  Article  9,  by  striking  out 
the  word  "five"  where  it  last  appears  in  said  section  and  inserting  in  lieu 
thereof  the  word  "ten,"  and  to  strike  out  the  word  "three-fifths"  and 
insert  in  lieu  thereof  the  word  "Majority."  Motion  duly  seconded.  The 
proposed  amendments  to  said  section  were  read  three  times  and  placed 
upon  final  passage.  Roll  was  called  and  the  vote  upon  the  motion  to 
adopt  resulted  as  follows: 
Ayes,   76. 

Akers,  Allen,  Alderson,  Asp,  Banks,  Berry,  Board,  Bowers,  Carney, 
Carr,  Caudill,  Cloud,  Cobb,  Curl,  Bearing,  Ellis,  Fisher,  Graham,  Hanraty, 
Harned,  Harris,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes, 
Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Hudson, 
Hughes,  Jenkins,  Johnston,  Jones,  Kelly,  King,  Kornegay,  Langley,  Lasater, 
Ledbetter,  Latimer,  Liedtke,  Littlejohn,  Littletoxi,  McClain,  Mathis,  Mes- 
senger, Mitch,  Moore,  Nelson,  Newell,  Norton,  Parker,  Pittman,  Quarles. 
Ramsey,  Roberts,  Rogers,  Rose,  Sandlin,  Safer,  Sorrells,  Swarts,  Tracy, 
Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  108,  Wood  of  89, 
Wyatt  and  President  Murray. 
Nays,  0. 
Absent,  36. 

Baker,  Bilby,  Brewer,  Bryant,  Buchanan,  Cain,  Chambers,  Cochran, 
Copeland,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Heuston,  Hum- 
phrey, Hunt,  James,  Leahy,  Lee,  Leeper,  McCance,  McClure,  Majors, 
Maxey,  Rice,  Savage,  Stowe,  Tosh,  Tenor,  Williams  of  97,  Wills,  Wood  of 
8,  and  Wyly. 

President  Murray  announced  that  the  motion  to  adopt  said  amend- 
ments had  received  the  votes  of  the  majority  of  all  the  Delegates  and 
that  said  amendments  were  duly  adopted. 

Mr.  Hayes  moved  to  amend  the  Schedule  by  adding  the  following 
section  thereto: 

"Section  — .  The  terms  of  all  officers  of  the  State  Government 
elected  at  the  time  of  the  adoption  of  the  Constitution  shall  begin  upon 


CONVENTION  OF   OKLAHOMA.  363 

the  admission  of  the  State  into  the  Union."  The  motion  was  duly  sec- 
onded. The  proposed  section  was  read  three  times  and  placed  upon  ite 
final  passage.  Roll  called  and  the  vote  upon  the  motion  resulted  as  fol- 
lows: 

Ayes,  77. 

Akers,  Allen,  Alderson,  Banks,  Berry,  Board,  Bowers,  Carney,  Carr, 
Caudill,  Cloud,  Cobb,  Curl,  Bearing,  Ellis,  Fisher,  Graham,  Hanraty,  Har- 
ned,  Harris,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes, 
Helton,  Henshaw,  Hendricks,  Herring,  ^ill,  Hogg,  Hopkins,  Hudson, 
Hughes,  Jenkins,  Johnston,  Jones,  Kane,  Kelly,  King,  Kornegay,  Langley, 
Lasater,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McClain,  Mathis,  Mes- 
senger, Mitch,  Moore,  Nelson,  Newell,  Norton,  Parker,  Pittman,  Quarles, 
Ramsey,  Roberts,  R.ogers,  Rose,  Sandlin,  Sater,  Savage,  Sorrells,  Swarts, 
Turner,  Tucker,  Weaver,  Williams  of  3,  Williams  of  108,  Wood  of  89, 
Wyatt  and  President  Murray. 
Nays,  0. 
Absent,  35. 

Baker,  Bilby,  Brewer,  Bryant,  Buchanan,  Cain,  Chambers,  Cochran, 
Copeland,  Covey,  Dalton,  Edley,  Edmondson.  Frye,  Gardner,  Heuston, 
Humphrey,  Hunt,  James,  Leahy,  Lee,  Leeper,  McCance,  McClure,  Majors, 
'Maxey,  Rice,  Stowe,  Tosh,  Tenor,  Tracy,  Williams  of  97,  Wood  of  8, 
Wills   and  Wyly. 

President  Murray  announced  that  the  motion  to  adopt  said  section 
had  received  the  votes  of  a  majority  of  all  the  Delegates,  and  that  said 
section  was   duly   adopted. 

On  motion,  the  Convention  took  recess  until  10  a.  m.,  Saturday, 
July  13,  1907. 

CONTENTION  CHAMBER. 
Morning   Session,   Saturday,   July    13,    15)07 — 10  A.   M. 
Convention  called  to  order;    President  Murray  in  the  chair. 
Invocation  by  Rev.  D.  B.  Ray,  of  Oklahoma  City. 
Roll   called;    a  quorum   present. 

Absent:  Asp,  Brewer,  Bilby,  Cobb,  Covey,  Curl,  Dalton,  Edley,  Ed- 
mondson, Frye,  Gardner,  Herring,  Heuston,  Humphrey,  Hunt,  Kane, 
Kelly,  Kornegay,  Leahy,  Lee,  Leeper,  McCance,  McClure,  Majors,  Maxey, 
Norton,  Parker,  Roberts,  Stowe,  Tenor,  Wills  and  Wyly. 

Mr.  Hayes  called  up  the  motion  of  Mr.  Kornegay  to  reconsider  the 
vote  by  which  an  amendment  to  Section  18,  of  Article  7,  was  adopted, 
on  Friday,  July  12. 

On  motion  of  Mr.  Ledbetter,  the  motion  to  reconsider  was  laid  on 
the  table. 

President  Murray  appointed  as  Page  to  the  Convention,  J.  Lloyd 
Lowther.  On  motion  of  Mr.  Johnston,  the  appointment  was  confirmed, 
and  he  appeared  and  took  the  oath  of  office. 


364  JOURNAL  OP  CONSTITUTIONAL 

On  behalf  of  the  committee  appointed  during  recess  to  hear  com- 
plaints upon  the  Legislative  Apportionment,  Mr.  King  filed  report,  which 
was  read. 

On  behalf  of  the  Special  Committee  appointed  during  recess  to  draft 
an  Election  Ordinance  and  Constitutional  Amendments,  Mr.  Williams  of 
108,   filed  report,  which  was  read. 

Upon  motion  of  Mr.  Williams  of  108,  action  upon  both  the  reports, 
by  Mr.  King  and  himself  wag  deferred  until  8  p.m.,  and  the  report 
by  Mr.  Williams  with  exhibit  of  the  portion  of  the  report  by  Mr.  King 
in  which  is  embraced  the  proposed  Legislative  Apportionment,  was  ordered 
printed  and  placed  upon  the  desks,  of  all  members. 

Mr.  Hayes  moved  to  amend  the  Schedule  by  adding  the  following 
section   thereto: 

"Section  — .  All  persons  elected  at  the  time  of  the  adoption  of  this 
Constitution,  to  any  offices  provided  under  the  Constitution  shall  be 
deemed  to  have  duly  qualified  upon  their  taking  the  oath  before  any  officer 
authorized  by  law  to  administer  oaths,  and  executing  such  bond  as  may 
be  required  by  law."      Motion  was  duly  seconded. 

The  proposed  new  section  was  read  three  times  and  placed  upon  its 
final   passage. 

Roll  was  called  and  the  vote  on  the  motion  to  adopt  resulted  as  fol- 
lows: 

Ayes,  78. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Board,  Bowers,  Carney, 
Carr,  Caudill,  Cloud,  Cobb,  Curl,  Dalton,  Ellis,  Fisher,  Graham,  Hanraty, 
Harned,  Harris,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hel- 
ton, Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hudson,  Hughes,  Jenkins, 
Johnston,  James,  Kane,  King,  Kelly,  Kornegay,  Langley,  Lasater,  Lati- 
mer, Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McClain,  Mathis,  Messenger. 
Mitch,  Moore,  Nelson,  Newell,  Parker,  Pittman,  Quarles,  Ramsey,  Rob- 
erts, Rogers,  Rose,  Sandlin,  Safer,  Savage,  Tracy,  Turner,  Weaver,  Wil- 
liams of  3,  Williams  of  97,  Williams  of  108,  Wood  of  8,  Wood  of  89, 
Wyatt  and  President  Murray. 

Nays,  0. 

Absent,  34. 

Asp,  Bilby,  Brewer,  Bryant,  Buchanan,  Chambers,  Copeland,  Covey, 
Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Houston,  Humphrey,  Hunt, 
James,  Leahy,  Lee,  Leeper,  McCance,  McClure,  Majors,  Maxey,  Norton, 
Rice,  Stowe,  Tosh,  Tenor,  Wills  and  Wyly. 

President  Murray  announced  that  the  motion  to  adopt  the  additional 
section  had  received  the  votes  of  a  majority  of  all  the  Delegates  and  that 
said  section  was  duly  adopted. 

Mr.  Hayes  moved  to  amend  the  Schedule  by  adding  the  following 
section  thereto: 


CONVENTION  OF  OKLAHOMA.  365 

"Section  — .  All  officers  elected  at  the  time  of  the  adoption  of  the 
Constitution  shall  execute  such  official  bond  as  may  then  be  required  by 
law  or  thereafter  required  by  Act  of  the  Legislature;  and  such  bond 
shall  inure  to  the  benefit  of  the  State  or  other  beneficiary,  for  whose  pro- 
tection or  security  the  same  shall  be  required." 

Motion  was  duly  seconded;  the  proposed  new  section  was  read  three 
times  and  placed  upon  its  final  passage.  Roll  was  called  and  the  vote  on 
the  motion  to  adopt  resulted  as  follows: 

Ayes,   79. 

Akers,  Allen,  Alderson,  Baker.  Banks,  Berry,  Board,  Bowers,  Carney, 
Carr,  Caudill,  Cloud,  Cobb,  Curl,  Bearing,  Ellis,  Fisher,  Graham,  Hanraty, 
Harned,  Harris,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes, 
Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Hudson, 
Hughes,  Jenkins,  Johnston,  Jones,  Kane,  King,  Kelly,  Kornegay,  Langley, 
Lasater,  Latimer,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McClain, 
Mathis,  Messenger,  Mitch,  Moore.  Nelson,  Newell,  PaA'ker,  Pittraan, 
Quarles,  Ramsey,  Roberts,  Rogers,  Rose,  Sandlin,  Sater,  Savage,  Sorrels, 
Swarts,  Tosh,  Tracy,  Turner,  Weaver,  Williams  of  3,  Williams  of  97, 
Williams  of  108,  Wood  of  8,  Wood  of  89,  Wyatt  and  President  Murray. 

Nays,   0. 

Absent    33. 

Asp,  Bilby,  Brewer,  Bryant,  Buchanan,  Cain,  Chambers,  Copeland. 
Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Heuston,  Humphrey, 
Hunt,  James,  Leahy,  Lee,  Leeper,  Ledbetter,  McCance,  McClure,  Majors, 
Maxey,  Norton,  Rice,  Stowe,  Tenor,  Wills,  and  Wyly. 

President  Murray  announced  that  the  motion  to  adopt  the  proposed 
additional  section  had  received  the  votes  of  the  majority  of  all  the  Del- 
egates, that  same  had  prevailed,  and  that  said  amendment  was  duly 
adopted. 

Mr.  Hayes  moved  to  amend  Section  28,  Article  10,  by  striking  out 
the  word  "may"  and  inserting  in  lieu  thereof  the  word  "shall."  Motion 
was  duly  adopted. 

The  proposed  amendment  was  read  three  times  and  placed  upon  its 
final  passage. 

Roll  was  called  and  the  vote  on  the  motion  to  adopt  same  resulted 
as  follows: 

Ayes,  71. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Board,  Bowers,  Car- 
ney, Carr,  Caudill,  Cloud,  Curl,  Bearing,  Ellis,  Fisher,  Graham,  Hanraty. 
Harned,  Harrison  of  45,  Harrison  of  8S,  Haskell,  Hausam,  Hayes,  Hel- 
ton, Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Johnston,  Jones, 
King,  Kornegay,  Langley,  Lasater,  Latimer,  Ledbetter,  Liedtke,  Littleton. 
Littlejohn,  McClain,  Mathis,  Messenger,  Mitch,  Moore,  Nelson,  Newell, 
Parker,   Pittman,   Quarles,   Ramsey,   Roberts,    Rose,   Sandlin,    Sater,   Sav- 


366  JOURNAL  OP  CONSTITUTIONAL 

age,  Sorrells,  Swarts,  Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3, 
Williams  of  97,  Williams  of  108,  Wood  of  8,  Wood  of  89,  Wyatt  and 
President  Murray. 

Nays,   3. 

Harris,  Hudson   and  Jenkins. 

Absent,  38. 

Asp,  Bilby,  Brewer,  Bryant,  Buchanan,  Cain,  Chambers,  Cobb,  Coch- 
ran, Copeland,  Covey,  Dalton,  Edley,  Edmondson,  Frye,  Gardner,  Heuston, 
Hughes,  Humphrey,  Hunt,  James,  Kane,  Kelly,  Leahy,  Lee,  Leeper,  Mc- 
Cance,  McClain,  McClure,  Majors,  Maxey,  Norton,  Rice,  Stowe,  Tosh, 
Tenor,   Wills   and   Wyly. 

President  Murray  announced  that  the  motion  to  amend  had  received 
ihe  votes  of  a  majority  of  all  the  Delegates,  and  that  said  amendment 
was  duly  adopted. 

Mr.  Hayes  moved  to  amend  Section  2  8,  Article  9,  by  striking  out 
the  word  "railroad"  where  it  appears  between  the  word  "such"  and  the 
words  "in  relation,"  and   insert  in  lieu  thereof  the  word  "corporation." 

Motion  was  duly  seconded. 

The  proposed  amendment  was  read  three  times  and  placed  upon  its 
final  passage.  Roll  was  called  and  the  vote  on  the  motion  to  adopt  re- 
sulted  as   follows: 

Ayes,   75. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Carr,  Caudill, 
CUoud,  Carney,  Curl,  Bearing,  Ellis,  Graham,  Hanraty,  HarneJ, 
Harris,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Hel- 
ton, Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Hudson,  Jenkins, 
Johnston,  Jones,  Kane,  King,  Langley,  Lasater,  Latimer,  Ledbetter, 
Liedtke,  Littlejohn,  Littleton,  McClain,  Mathis,  Messenger,  Mitch,  Moore. 
Nelson,  Newell,  Parker,  Pittman,  Quarles,  Ramsey,  Roberts,  Rogers,  Rose, 
Sandlin,  Safer,  Savage,  Sorrells,  Swarts,  Tracy,  Turner,  Weaver,  Wil- 
liams of  3,  Williams  of  97,  Williams  of  108,  Wood  of  8,  Wood  of  89, 
Wyatt  and  President  Murray. 

Nays,    1. 

Kornegay. 

Absent,   38. 

Asp,  Bilby,  Brewer,  Bryant,  Buchanan,  Chambers,  Cobb,  Cochran, 
Copeland,  Covey,  Dalton,  Edley,  Edmondson,  Fisher,  Frye,  Gardner, 
Heuston,  Hughes,  Humphrey,  Hunt,  James,  Kelly,  Leahy,  Lee,  Leeper, 
McCance,  McClure,  Majors,  Maxey,  Norton,  Rice,  Stowe,  Tosh,  Tenor, 
Tu'^ker,    Wills   and   Wyly. 

President  Murray  announced  that  the  motion  to  amend  had  received 
the  votes  of  a  majority  of  all  the  Delegates  and  that  same  was  duly 
adopted. 

Mr.   Hayes  moved  to  amend   Section   33,   Article   9,   by  striking   out 


CONVHINTION   UiP  OKLAHOMA.  367 

after  the  word  "may"  and  before  the  word  "expense,"  the  following 
words:  "of  such  firm,  person,  or  corporation."  Motion  was  seconded. 
The  proposed  amendments  were  read  three  times  and  placed  upon  their 
final  passage. 

Roll  was  called  and  the  vote  on  the  motion  to  adopt  resulted  as  fol- 
lows: 

Ayes,   77. 

Akers,  Allen,  Alderson,  Asp,  Baker,  Banks,  Berry,  Board,  Bowers, 
Carney,  Carr,  Caudill,  Cloud,  Curl,  Bearing,  Ellis,  Graham,  Hanraty, 
Harned,  Harris,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes, 
Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Hudson, 
Jenkins,  Johnston,  Jones,  Kane,  King,  Kornegay,  Langley,  Lasater,  Lati- 
mer, Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McClain,  Majors,  Mathis, 
Messenger,  Mitch,  Moore,  Nelson,  Newell,  Norton,  Parker,  Pittman, 
Quarles,  Ramsey,  Rogers,  Rose,  Sandlin,  Sater,  Savage,  Sorrells,  Swarts, 
Tracy,  Tucker,  Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams 
of  108,  Wood  of  8,  Wood  of  89,  Wyatt  and  President  Murray. 

Nays,    0. 

Absent,   35. 

Bilby,  Brewer,  Bryant,  Buchanan,  Cain,  Chambers,  Cochran,  Cobb, 
Copeland,  Covey,  Dalton,  Edley,  Edmondson,  Fisher,  Frye,  Gardner,  Heus- 
ton,  Hughes,  Humphrey,  Hunt,  James,  Kelly,  Leahy,  Lee,  Leeper,  McCance, 
McClure,  Maxey,  Rice,   Roberts,  Stowe,  Tosh,  Tenor,  Wills  and  Wyly. 

President  Murray  announced  that  the  motion  to  adopt  had  received 
the  votes  of  a  majority  of  all  the  Delegates,  and  that  said  amendments 
were   duly   adopted. 

Mr.  Hayes  moved  to  amend  Section  3,  Article  16,  by  striking  out  the 
word  "the"  before  the  word  "insurance"  and  inserting  in  lieu  thereof  the 
word  "compulsory."     Motion  was  seconded. 

The  proposed  amendment  was  read  three  times  and  placed  upon  its 
final  passage. 

Roll  was  called  and  the  vote  on  the  motion  to  adopt  resulted  as  fol- 
lows: 

Ayes,  73. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Board,  Bowers,  Carney,  Carr, 
Caudill,  Cloud,  Cobb,  Curl,  Bearing,  Ellis,  Graham,  Hanraty,  Harned, 
Harris,  Harrison  of  4  5,  Harrison  of  SS,  Haskell,  Hausam,  Hayes,  Hel- 
ton, Hendricks,  Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Hudson,  Jenkins, 
Johnston,  Jones,  Kane,  King,  Kornegay,  Langley,  Lasater,  Latimer,  Led- 
better, Liedtke,  Littlejohn,  Littleton,  McClain,  Mathis,  Messenger,  Mitch, 
.Moore,  Nelson,  Norton,  Parker,  Pittman,  Quarles,  Ramsey,  Rogers,  Rose, 
Sandlin,  Safer,  Savage,  Sorrells,  Swarts,  Tracy,  Turner,  Weaver,  Williams 


368  JOURNAL  OF  CONSTITUTIONAL 

of  3,  Williams  of  97,  Williams  of  108,  Wood  of  S,  Wood  of  89,  Wyatt  and 
President  Murray. 

Nays,   0. 

Absent.   39. 

Asp,  Berry,  Bilby,  Brewer,  Bryant,  Buchanan,  Cain,  Chambers, 
Cochran,  Copeland,  Covey,  Dalton,  Edley,  Edmondson,  Fisher,  Frye,  Gard- 
ner, Heuston,  Hughes,  Humphrey,  Hunt,  James,  Kelly,  Leahy,  Lee,  Leep- 
er,  McCance,  McClure,  Majors,  Maxey,  Newell,  Rice,  Roberts,  Stowe,  Tosh, 
Tenor,  Tucker,  Wills  and  Wyly. 

President  Murray  announced  that  the  motion  to  adopt  had  received 
the  votes  of  a  majority  of  all  the  Delegates  and  that  said  amendments 
were  duly  adopted. 

Mr.  Hayes  moved  to  amend  Section  3  2,  Article  9,  by  inserting  after 
the  term  "Attorney  General"  the  following:  "or  such  other  persons  as 
may  be  designated  by  law." 

Motion  was  seconded.  The  proposed  amendment  was  read  three 
times  and  placed  upon  its  final  passage.  Roll  was  called  and  the  vote  on 
the  motion  to  adopt  resiilted  as  follows: 

Ayes,  69. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Board,  Bowers,  Carney,  Carr, 
Caudill,  Cloud,  Cobb,  Curl,  Bearing,  Ellis,  Graham,  Hanraty,  Harned,  Har- 
rison of  4  5,  Harrison  of  88,  Haskell,  Hausani;  Hayes,  Helton,  Hendricks, 
Henshaw,  Herring,  Hill,  Hogg,  Johnston,  Jones,  Kane,  King,  Kornegay, 
Langley,  Lasater,  Latimer,  Ledbetter,  Liedtke,  Littlejohn,  Littleton,  Mc- 
Clain,  Mathis,  Messenger,  Mitch,  Moore,  Nelson,  Newell,  Parker,  Pittman, 
Quarles,  Ramsey,  Rogers,  Rose,  Sandlin,  Safer,  Savage,  Sorrells,  Swarts, 
Tracy,  Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108, 
Wood  of   8,   Wood   of    89,   and   President  Murray. 

Nays,   4. 

Harris,   Hopkins,   Hudson  and  Jenkins. 

Absent.   3  9. 

Asp,  Berry,  Bilby,  Brewer,  Bryant,  Buchanan,  Cain,  Chambers, 
Cochran,  Copeland,  Covey,  Dalton,  Edley,  Edmondson,  Fisher,  Frye,  Gard- 
ner, Heuston,  Hughes,  Humphrey,  Hunt,  James,  Kelly,  Leahy,  Lee,  Leep- 
er,  McCance,  McClure,  Majors,  Maxey,  Norton,  Rice,  Roberts,  Stowe,  Tosh, 
Tenor,  Tucker,  Wills  and  Wyly. 

President  Murray  announced  that  the  motion  to  adopt  had  received 
the  votes  of  a  majority  of  all  the  Delegates  and  that  said  amendment  was 
duly  adopted. 

Mr.  Hayes  moved  to  amend  Section  2,  Article  2  2,  by  striking  out 
after  the  words  "real  estate,"  where  same  first  appear,  after  the  words: 
"Provided,  however,"  the  following  words,  "for  debt  and  acquiring  title 
thereto  in  the  collection  of  debts,"  and  insert  in  lieu  thereof  the  words, 
"to   secure   loans   or   debts."     And   further   amend,   by   striking    out   the 


CONVENTION  OP^   OKLAHOMA.  30U 

word  "five"  where  it  precedes  the  word  "years"  and  insert  in  lieu  thereoi; 
the  word  "seven."  And  after  the  words  "real  estate"  where  they  last 
appear  in  said  section,  strike  out  the  words  "or  other  property"  and 
after  word  "solely"  and  before  the  word  "security,"  strike  out  the  words 
"for  the  execution  of  a  trust  or"  and  Insert  in  lieu  thereof  the  word  "as;" 
and  to  insert  between  the  words  "Trustee"  and  "solely"  and  before  the 
word  "security,"  strike  out  the  words  "for  the  execution  of  a  trust  or" 
and  insert  in  lieu  thereof,  the  word  "as"  and  to  insert  between  the  words 
"Trustee"  and  "solely"  the  words  "to  be  held." 

Motion  was  duly  seconded;  the  proposed  amendments  to  said  section 
were  read  three  times  and  placed  upon  their  final  passage. 

Roll  was  called  and  the  vote  on  the  motion  to  adopt  resulted  as  fol- 
lows: 

Ayes,  71. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Board,  Bowers,  Carney. 
Carr,  Caudill,  Cloud,  Cobb,  Curl,  Bearing,  Ellis,  Graham,  Hanraty.  Har- 
ned,  Harris,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes. 
Helton,  Hendricks,  Henshaw,  Herring,  Hill,  Hopkins,  Hudson,  Jenkins, 
Johnston,  Jones,  Kane,  King,  Kornegay,  Langley,  Lasater,  Latimer,  Led- 
better,  Liedtke,  Littlejohn,  Littleton,  McClain,  Mathis,  Messenger,  Mitch. 
Moore,  Nelson,  Newell,  Parker,  Pittman,  Quarles,  Ramsey,  Rogers,  Rose, 
Saudlin,  Sater,  Savage,  Sorrells,  Swarts,  Tracy,  Turner,  Williams  of  3. 
Williams  of  97,  Williams  of  108,  Wood  of  8,  Wood  of  89,  and  President 
Murray. 

Nays,  2. 

Weaver  and  Wyatt. 

Absent,  39. 

Asp,  Bilby,  Brewer,  Bryant,  Buchanan,  Cain,  Chambers,  Cochran, 
Copeland,  Covey,  Dalfon,  Edley,  Fisher,  l^'rye,  Gardner,  Houston,  Hughes, 
Humphrey,  Hunt,  James,  Kelly,  Leahy,  Lee,  Leeper,  McCance,  McClure, 
Ma.iors,  Maxey,  Norton,  Rice,  Roberts,  Stowe,  Tosh,  Tenor,  Tucker,  Wills 
and  Wyly. 

President  Murray  announced  that  the  motion  to  amend  said  section 
had  received  the  votes  of  a  majority  of  all  the  Delegates  and  that  the 
several  amendments  were  duly  adopted. 

Mr.  Hayes  moved  to  amend  paragraph  b.  Section  6,  Article  17,  by 
striking  out  the  word  "January,"  where  it  appears .  the  first,  second, 
fourth  and  fifth  places  in  said  section  and  insert  in  lieu  thereof,  in  the 
several  places,  the  word  "April."     Motion  was  seconded. 

The  section  was  read  three  times  as  proposed  to  be  amended,  and 
placed  upon  its  final  passage  as  amended.  Roll  was  called  and  the  vote 
on  the  motion  to  amend   resulted  as   follows: 

Ayes,  74. 

Akers,  Allen,  Alderson,  Baker,  Berry,  Board,  Bowers,  Carney,  Carr, 


370  JOURNAL  OF  CONSTITb  HONAL 

Caudill,  Cobb,  Cloud,  Curl,  Bearing,  Ellis,  Hanratj',  Harned,  Harris,  Har- 
rison of  4  5,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Helton,  Hendricks, 
Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Hudson,  Jenkins,  Johnston, 
Jones,  Kane,  King,  Kornegay,  Langley,  Lasater,  Latimer,  Ledbetter. 
Liedtke,  Littlejobn,  Littleton,  McClain,  Mathis,  Messenger,  Mitch,  Moore, 
Nelson,  Newell,  Parker,  Pittman,  Quarles,  Ramsey,  Rogers,  Sandlin, 
Sater,  Savage,  Sorrells,  Swarts,  Tracy,  Turner,  Weaver,  Williams  of  3. 
Williams  of  97,  Williams  of  108,  Wood  of  8,  Wood  of  89,  Wyatt  and 
President    Murray. 

Nays,   0. 

Absent,  38.  ' 

Asp,  Bilby,  Brewer,  Bryant,  Buchanan,  Cain,  Chambers,  Cochran, 
C^opeland,  Covey,  Dalton,  Edley,  Edmondson,  Fisher,  Frye,  Gardner, 
Heuston,  Hughes,  Humphrey,  Hunt,  James,  Kelly,  Leahy,  McCance,  Mc- 
Clure,  Majors,  Maxey,  Norton,  Rice,  Roberts,  Stowe,  Tosh,  Tenor,  Tucker, 
Wills  and  Wyly. 

President  Murray  announced  that  the  motion  to  adopt  the  amend- 
ments to  said  section  had  received  the  votes  of  a  majority  of  all  the  Del- 
egates and  that  said  omendments  were  duly  adopted. 

On  motion  of  Mr.   Caudill,  the  Convention  took  recess  until  8   p.   m 

CONVENTION  CHAMBER. 
Night  Session,   Saturday,  July  13,    1907 — 8  P.   M. 

Convention  called  to  order;   President  Murray  in  the  chair. 

Mr.  Hayes  moved  to  amend  Section  18,  Article  9,  by  inserting  after 
the  words  "efficiency  of  transportation"  and  before  the  words  "or  other- 
wise"  the   word    "transmission." 

Motion  was  seconded;    the  section  was  read  as  proposed  to  be  amend- 
ed three  times  and  placed  upon  its  final  passage. 

Roll  was  called  and  the  vote  on  the  motion  to  adopt  resulted  as  fol 
lows: 

Ayes,    60. 

Akers,  Allen,  Alderson,  Baker,  Bowers,  Carr,  Caudill.  Bearing,  Har- 
ned, Harris,  Harrison  of  45,  Harrison  of  88,  Haskell.  Hausam.  Hayes, 
Hudson,  Hendricks,  Henshaw,  Herring,  Hill.  Hogg,  Hopkins,  Jenkins, 
Johnston,  Jones,  King,  Kornegay,  Langley,  Lasater,  Quarles,  Ramsey, 
Rogers,  Rose,  Sandlin,  Savage,  Sorrells,  Swarts,  Tracy,  Turner,  Weaver, 
Williams  of  3,  Williams  of  97,  Williams  of  lOS,  Wood  of  8,  Wood  of  89, 
Wyatt  and  President  Murray. 

Nays,   0. 

Absent,  5  2. 

Asp,  Banks,  Berry,  Bilby,  Board,  Brewer,  Bryant,  Buchanan,  Cain, 
Carney,  Chambers,  Cloud,  Cobb,  Cochran,  Copeland,  Covey,  Balton,  Curl, 
Edley,    Edmondson,    Fisher,    Frye,    Gardner,    Hanraty,    Helton,    Heuston, 


CONVENTION  Oi<"'   OKLAHOMA.  371 

Hughes,  Humphrey,  Hunt,  James,  Kane,  Kelly,  Leahy,  Lee,  Leeper, 
Littleton,  McCance,  McClure,  Majors,  Maxey,  Moore,  Norton,  Pittman, 
Rice,  Roberts,   Stowe,  Tosh,   Tenor,  Tucker,  Wills  and  Wyly. 

President  Murray  announced  that  the  motion  to  adopt  had  received 
the  votes  of  a  majortiy  of  all  the  Delegates  and  that  said  amendments 
were  duly  adopted. 

Mr.  Hayes  moved  to  amend  Article  3,  by  striking  out  Section  4,  being 
in  words  as  follows: 

"Nothing  in  this  Constitution  shall  be  construed  to  deprive  retired 
officers  or  retired  privates  of  the  army  or  navy  of  the  United  States  of  the 
right   of   suffrage    when   otherwise    qualified."      Motion   was   seconded. 

The  section  proposed  to  be  stricken  out  was  read  three  times  and 
the  motion  to  strike  out  put  upon  final  passage.  Roll  was  called  and  the 
vote  on  the  motion   resulted  as   follows: 

Ayes,  60. 

Akers,  Allen,  Alderson,  Baker,  Bowers,  Carr,  Caudill,  Bearing,  Ellis, 
Graham,  Harned,  Harris,  Harrison  of  4  5,  Haskell,  Hayes,  Hausam,  Hen- 
dricks, Henshaw,  Herring,  Hill,  Hogg,  Hopkins,  Jenkins,  Johnston,  Jones, 
King,  Kornegay,  Langley,  Lasater,  Latimer,  Ledbetter,  Liedtke,  Littlejohn, 
ijittleton,  McClaiu,  Messenger,  Mitch,  Nelson,  Newell,  Parker,  Quarles, 
Ramsey,  Rogers,  Rose,  Sandlin,  Safer,  Swarts,  Savage,  Sorrells,  Tracy, 
Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wood 
of  8,  Wood  of    89,  Wyatt  and  President  Murray. 

Nays,  1. 

Hudson. 

Absent,  51. 

Asp,  Banks,  Berry,  Bilby,  Board,  Brewer,  Bryant,  Buchanan,  Cain, 
Carney,  Chambers,  Cloud,  Cobb,  Cochran,  Copeland,  Covey,  Curl,  Dalton, 
Edley,  Edmondson,  Fisher,  Frye,  Leeper,  McCance,  McClure,  Majors. 
Maxey,  Moore,  Norton,  Pittman,  Rice,  Roberts,  Stowe,  Tosh,  Tenor, 
Tucker,  Wills  and  Wyly. 

President  Murray  announced  that  the  motion  to  strike  out  had 
received  the  votes  of  a  majority  of  all  the  Delegates  and  that  said  section 
was  ordered  stricken  out. 

On  motion,  the  Convention  took  recess  until  9:30  a.  m.,  Monday, 
July   15.   1907. 

CONVENTION  CHAMBER. 
Morning  Session,  Monday,  July  15,   1907 — »::$()  A.   M. 

Convention  called  to  order;   President  Murray  in  the  chair. 
Invocation   by   Delegate   Williams  of   3rd  District. 
Roll  called;   a  quorum  present. 

Absent:  Asp,  Bilby,  Brewer,  Carney,  Cobb,  Curl,  Dalton,  Edley, 
Edmondson.   Frye,   Gardner,    Herring,   Heuston,   Humphrey,    Hunt.    Kane, 


372  JOURNAL  OP  CONSTITUTIONAL 

Kelly,  Kornegay,  Leahy,  Lee,  McCance,  McClure,  Majors,  Maxey,  Norton, 
Pittman,  Stowe,   Tenor,  Wills  and  Wyly. 

President  Murray  appointed  as  a  Committee  on  State  of  the  Consti- 
tution, Messrs.  Lasater,  Rose  and  Swarts. 

The  report  of  the  Committee  on  Election  Ordinance  was  taken  up 
for  consideration;  Mr.  Williams  of  108,  moved  its  adoption,  which  was 
duly  seconded. 

Mr.  Harris  moved  to  amend  by  substituting  for  the  name  of  ■ 

Sleeper,  the  name  of ■ Garrett,  as  one  of  the  County  Commissioners 

for  Wagoner  County.      Motion  seconded.  ' 

Mr.  Hausam  moved  as  a  substitute  for  the  motion  of  Mr.  Harris, 
that  the  name  of  Roy  Harsha  be  substituted  for  the  name  of  Sleeper. 
Motion  seconded,  and  the  substitute  prevailed. 

The  Election  Ordinance,  as  amended,  was  read  three  times,  and 
placed  upon  its  final  passage,  under  the  title: 

"ELECTION  ORDINANCE. 

"An  Ordinance  providing  for  an  election  at  which  the  proposed  Con- 
stitution for  the  proposed  State  of  Oklahoma  shall  be  submitted  to  the 
people  thereof  for  ratification  or  rejection,  and  submitting  separately  to 
the  people  of  the  proposed  State  of  Oklahoma  the  proposed  Prohibition 
article  making  substantially  the  terms  of  the  Enabling  Act  uniformly 
applicable  to  the  entire  State  for  ratification  or  rejection,  and  for  the  elec- 
tion of  cei'tain  State,  District,  County  and  Township  Officers  provided  for 
by  said  proposed  Constitution,  and  for  the  election  of  members  of  the 
Legislature  of  said  proposed  State  of  Oklahoma,  and  five  representatives 
to   Congress." 

Roll  was  called  and  the  vote  upon  the  final  adoption  of  the  pro- 
posed Election  Ordinance  together  with  all  amendments  made  thereto, 
resulted  as  follows: 

Ayes,  68. 

Akers,  Allen,  Alderson,  Banks,  Berry,  Bowers,  Bryant,  Buchanan,  Carr, 
Caudill,  Chambers,  Cochran,  Copeland,  Bearing,  Ellis,  Graham,  Hanraty, 
Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes,  Helton,  Hen- 
dricks, Henshaw,  Hill,  Hogg,  Hopkins,  Hughes,  James,  Johnston,  Jones, 
l^angley,  Lasater,  Latimer,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Lit- 
tleton, McClain,  Mathis,  Messenger,  Mitch,  Moore,  Nelson,  Newell,  Parker, 
Quarles,  Ramsey,  Rose,  Sandlin,  Savage,  Sorrells,  Swarts,  Tosh,  Tracy, 
Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wood  of 
8,  Wood  of  89,  Wyatt  and  President  Murray. 

Nays,  3. 

Harris,  Hudson  and  Sater. 

Absent,   41. 

Asp,  Bilby,  Brewer,  Cain,  Carney,  Cloud,  Cobb,  Covey,  Curl,  Dalton, 


CONVENTION  OF  OKLAHOMA.  373 

Edley,  Edmondson,  Fisher,  Frye  Gardner,  Harned,  Herring,  Heuston, 
Humphrey,  Hunt,  Jenkins,  Kane,  Kelly,  Kornegay,  Leahy,  Lee,  McCance, 
McClure,  Majors,  Maxey,  Norton,  Pittman,  Rice,  Roberts,  Rogers,.  Stowe, 
Tenor,   Tucker,    Wills   and   Wyly. 

President  Murray  announced  that  said  Election  Ordinance,  as  amend- 
ed, had  received  the  votes  of  a  majority  of  all  the  Delegates  for  its 
adoption  and  that  same  was  by  this  vote  duly  adopted. 

Mr.  Williams  of  108,  moved  to  strike  out  Sections  9  to  16,  both  inclu- 
sive of  Article  5,  and  insert  in  lieu  thereof  the  provision  for  Legislative 
Apportionment,  as  reported  by  the  Special  CommitLee  on  Apportionment, 
Printed  and  placed  on  the  desks  of  members  and  as  amended, — amend- 
ments embracing  an  amendment  for  Legislative  Districts  in  Logan  County, 
approved   by  Delegates  Asp  and  Helton,  both  of  Logan  County. 

The  motion  was  duly  seconded. 

The  provision  proposed  to  be  substituted  for  said  section  was  read 
three  times  and  placed  upon  its  final  passage.  Roll  was  called  and  the 
vote  on  the  motion  to  amend,  resulted  as  follows: 

Ayes,  67. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bowers,  Buchanan, 
Carr,  Caudill,  Chambers,  Cochran,  Copeland,  Dearing,  Ellis,  Graham,  Han- 
raty,  Harned,  Harrison  of  45,  Harrison  of  88,  Haskell,  Hausam,  Hayes, 
Hendricks,  Henshaw,  Hill,  Hogg,  Hughes,  Johnston,  Jones,  King,  Lang- 
ley,  Lasater,  Latimer,  Leeper,  Ledbetter,  Liedtke,  Littlejohn,  Littleton, 
McClain,  Mathis,  Messenger.  Mitch,  Nelson,  Newell,  Parker,  Quarles,  Ram- 
sey, Rice,  Rogers,  Rose,  Sandlin,  Savage.  Sorrells,  Swarts,  Tosh,  Tracy, 
Turner,  Weaver,  Williams  of  3,  Williams  of  97,  Williams  of  108,  Wood 
of   }f,   Wood  of  89,   Wyatt  and  President  I\iurray. 

Nays,  5. 

Harris,   Hopkins,   Hudson,    Jenkins   and   Sater. 

Absent,  40. 

Asp,  Bilby,  Board,  Brewer,  Cain,  Carney,  Cloud,  Cobb,  Covey,  Curl. 
Ualton,  Edley,  Edmondson,  Fisher,  Frye,  Gardner,  Helton,  Herring, 
Heuston,  Humphrey,  Hunt,  James,  Kane.  Kelly,  Kornegay,  Leahy,  Lee, 
McCance,  McClure,  Majors,  Maxey,  Moore.  Norton,  Pittman,  Roberts. 
Stowe,   Tucker,    Tenor,    Wills   and   Wyly. 

President  Murray  announced  that  the  motion  to  amend  had  received 
the  votes  of  a  majority  of  all  the  Delegates  and  that  said  sections  were 
therefore  ordered  stricken  out  and  the  provision  proposed  in  the  motion 
inserted  in  lieu  of  same. 

On  motion,  the  Convention  took  recess  until  4  o'clock  p.  m. 

CONVENTION  CHAMBER. 
Afternoon  Se.ssion,   Monday,  July   15,    1907 — 4   T.   M. 

Convention  called  to  order;    President  Murray  in  the  chair. 


274  JOURNAL  OF  CONSTITUTIONAL 

Mr.  King,  Vice-Cbairman  on  Rules,  filed  report,  and  on  his  motion, 
same  was   adopted   as    follows: 
To  the  Constitutional  Convention,  Proposed  State  of  Oklahoma: 

We,  your  Committee  on  Rules,  beg  to  report  the  following  rule: 

That  Rule  No.  73  be  amended  to  read  as  follows:  The  enrollment 
of  the  Constitution  and  the  several  articles  thereof  which  shall  be  adopted 
by  this  Convention  shall  be  as  follows;  There  shall  be  one  original  en- 
rollment thereof  which  shall  be  upon  sheets  of  parchment  fourteen  inches 
in  width  and  eighteen  inches  in  length;  there  shall  be  one  copy  enrollment 
thereof  which  shall  be  made  upon  the  best  grade  linen  paper;  that  Xhe 
parchment  enrollment  thereof  shall  be  written  in  long  hand  with  the 
highest  quality  of  chemically  tested  and  proven  ink;  and  that  the  severaj 
sheets  thereof  so  fastened  together  as  to  prevent  their  removal  without 
destruction  thereof;  that  the  linen  paper  selected  for  the  copy  thereof 
shall  be  of  the  same  length  and  breadth  as  herein  described  for  the  parch- 
ment; and  secured  and  fastened  in  the  same  manner,  provided  that  the 
said  copy  shall  be  made  with  record  ribbon  typewriter  and  shall  be 
marked,  "A  Copy;"  that  said  parchment  enrollment,  with  the  certificates 
of  the  President  and  Secretary  of  the  Convention  shall  be  filed  on  or  be- 
fore the  25th  day  of  July,  1907,  with  the  Secretary  of  the  Territory  of 
Oklahoma;  that  the  copy  of  the  Constitution  on  linen  and  the  several 
articles  thereof  as  herein  provided  for,  shall  be  held  by  the  President  of 
the    Constitutional    Convention. 

That  as  so  enrolled,  the  parchment  enrollment  of  said  Constitution 
and  the  several  articles  thereof,  shall  be  the  original  enrollment,  and  the 
copy  upon  linen  paper,  shall  be  the  copy  enrollment.  Both  the  original 
enrollment  and  the  copy  enrollment  shall  be  signed  with  the  manual  of 
the  President  of  the  Convention,  the  First  Vice-President,  the  Second 
Vice-President,  and  also  the  members  of  this  Convention  or  a  majority 
thereof,  and  the  signatures  duly  attested  by  the  Secretary  of  this  Conven- 
tion and  his  attestation  in  turn  by  the  Secretary  of  the  Territory  of  Okla- 
homa, under  the  Great  Seal  thereof. 

Proposition  separately  submitted  to  the  people  shall  he  included  in 
the  enrollment  herein  provided  for,  but  shall  be  kept  and  preserved  as 
herein  provided  for  in  the  body  of  the  Constitution;  but  propositions 
separately  submitted  shall  not  be  signed  by  the  members  of  the  Conven- 
tion, but  shall  be  certified  by  the  President  and  Secretary  of  the  Conven- 
tion. The  signing  of  the  parchment  enrollment  and  the  copy  enrollment 
herein  i)rovided  for  shall  be  done  after  the  same  shall  have  been  adopted 
by  the  Convention  with  all  amendments,  if  any,  made  on  final  reading 
thereof. 

All  parts  of  said  Rule  No.  7  3,  and  of  any  other  rule  or  rules  of  this 
Convention  in  conflict  with  this  rule,  shall  be  and  the  same  are  hereby 
repealed.      But   all    parts   of  said    rule  or   rules   not   in    conflict   herewith 


CONVENTION  Oi^'   OKLAHOMA.  375 

shall  be  and  remain  in  full  force  and  effect,  and  tliis  report  shall  be  duly 
recorded  upon  tlie  Journal  of  ttie  Convention. 

J.    F.   KING,  Vice-chairman. 
S.   W.    HAYES. 
J.   M.   SANDLIN. 
HENRY  S.   JOHNSTON. 
On  motion,  the  Convention  took   recess  until   7   o'clock  a.   m.,   Tues- 
day,  July   16,    1907. 

CONVENTION  CHAMBER. 
Morning  Session,    Tuesday,   July    IG,    1907 — 7    A.    M. 
Convention   called  to  order;    President  Murray   in  the  chair. 
Invocation   by   Mr.    Cloud,   Delegate   from   District    2  3. 
Roll  called;  a  quorum  present. 

Absent:  Asp,  Bilby,  Board,  Brewer,  Cobb,  Covey,  Curl,  Dalton 
Dearing,  Edley,  Edmondson,  Fisher,  Prye,  Gardner,  Herring,  Heuston, 
Humphrey,  Hunt,  Kane,  Kelly,  Kornegay,  Leahy,  Lee,  McCance,  McClure, 
Majors,  Maxey,  Pittman,  Roberts,  Sater,  Sorrells,  Stowe,  Tenor,  Tucker, 
Wills  and  Wyly. 

Mr.  Hayes  offered  the  following  motion: 

Mr.  President:  The  Constitution  and  all  of  the  articles  thereof  hav- 
ing been  engrossed  on  parchment  and  the  parchment  enrollment  thereof, 
with  all  the  amendments  made  on  final  reading  thereof,  having  been 
read  to  the  Convention  in  open  session  in  full  compliance  with  all  of 
the  rules  of  the  Convention,  I  now  therefore  move  that  the  Constitution 
.IS  enrolled  on  said  parchment,  be  adopted  by  this  Convention,  to  be  sub- 
mitted to  the  people  of  the  proposed  State  of  Oklahoma  for  their  rati- 
fication or  rejection.     Motion  seconded. 

Roll  was  called  and  the  vote  on  the  final  adoption  of  the  Constitution 
resulted  as  follows: 
Ayes,   72. 

Akers,  Allen,  Alderson,  Baker,  Banks,  Berry,  Bowers,  Bryant, 
Buchanan,  Carney,  Carr,  Catidill,  Chambers,  Cloud,  Cochran,  Copeland, 
Ellis,  Graham,  Hanraty,  Harned,  Harrison  of  4  5.  Harrison  of  88,  Haskell, 
Hausam,  Hayes,  Helton,  Hendricks,  Henshaw,  Hill,  Hogg,  Hopkins, 
Hughes,  James,  Johnston,  Jones,  King,  Langley.  Lasater„ Latimer,  Leeper, 
Ledbetter,  Liedtke,  Littlejohn,  Littleton,  McClain,  Mathis,  Messenger, 
Mitch,  Moore,  Nelson,  Newell,  Norton,  Parker,  Quarles,  Ramsey,  Rice,  Rog- 
ers, Rose,  Sandlin,  Savage,  Swarts,  Tosh,  Tracy,  Turner,  Weaver,  Williams 
of  3,  Williams  of  97,  Williams  of  108,  Wood  of  8,  Wood  of  89,  Wyatt 
and  President  Murray. 
Nays.  2. 

Harris  and  Hudson. 
Absent,  38. 
Asp,   Bilby,   Board,  Brewer,   Cain,    Cobb,   Covoy.   Curl,    Dalton,    Dear- 


376  JOURNAL  OF  CONSTITUTIONAL 

ing,  Edley,  Edmondson,  Fisher,  Frye,  Gardner,  Herring,  Heuston,  Hum- 
phrey, Hunt,  Kane,  Kelly,  Kornegay,  Leahy,  Lee,  McCance.  McCIure, 
Majors,  Maxey,  Pittman,  Roberts,  Sater,  Sorrells.  Tenor,  Tucker.,  Wills 
and  Wyly. 

President  Murray  announced  that  the  motion  to  finally  adopt  the 
Constitution  had  received  the  votes  of  a  majority  of  all  the  Delegates 
and  was  therefore  duly  adopted. 

The   Special    Committee   on    State    of   the    Constitution    filed    report, 
and  Mr.  Swarts  moved  its  adoption;  motion  was  seconded,  and  the  report 
was  adopted  and  ordered  entered  upon  the  daily  Journal  as  follows: 
To  the  Constitutional  Convention,  Proposed  State  of  Oklahoma: 

We,  your  Special  Committee,  to  whom  was  referred  the  matter  of 
noting  irregularities,  by  erasure,  interlineation,  or  the  striking  out  of 
words,  or  otherwise  appearing  in  the  original  hand-written  parchment 
enrollment  of  the  Constitution  and  articles  thereof,  for  the  purpose  of 
identifying  such  changes  and  having  same  recited  in  the  Journal  of  the 
tConvention,  beg  leave  to  submit  the  following  report: 

On  the  face  of  the  original  hand-written  parchment  enrollment  of 
the  Constitution  and  articles  thereof,  at  the  time  the  same  was  executed 
and  signed  by  the  Delegates,  there  appeared  the  following  irregularities 
and   none  other,  to-wit: 

Article  1,  Section  2 — The  following  words  have  been  stricken  out 
in  this  section:  "but  the  toleration  of  religious  sentiment  hereby  secured 
shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or  inde- 
cency, or  to  justify  practices  inconsistent  with  the  good  morals,  good 
order,  peace,  or  safety  of  the  State,  or  with  the  rights  of  others." 

In  Section  7,  Article  1.- — The  word  "the"  has  been  interlined  twice, 
in.  the  fourth  line  and  in  the  nineteenth  line,  and  the  word  "deemed" 
has  been  interlined  in  line  twenty-eight. 

In  Article  2,  Section  10 — Appear  two  handwritings,  and  the  words, 
"by  the  authorities  of  this  State"  have  been  added. 

In  Section  12 — Same  article,  the  words,  "shall  be  eligible  to"  have 
been  stricken  out  and  the  words  "shall  hold"  have  been  interlined  in  a 
different  handwriting  from  that  of  the  main  bodv  of  the  section. 

In  Section  13 — Same  article,  the  word  "imposed"  has  been  inter- 
lined. 

In  Section  2  2 — Same  article,  the  following  words  have  been  interlined, 
"alleged  to  be  libelous  may  be  given  in  evidence  to  the  jury,  and  if  it 
shall  appear  to  the  jury  that  the  matter." 

In  Section  2  4 — Same  article,  the  following  words  have  been  inter- 
lined in  a  different  handwriting  from  body  of  section,  between  lines  one 
and  two  of  section:  "when  not  in  the  presence  of  the  Court,  or  Judge 
sitting  as  such." 


CONVENTION  OF   OKLAHOMA.  377 

In  Section  27 — Same  article,  two  handwritings  appear,  and  the  word 
•so"  has  been  interlined  in  last  line  ot  section. 

Sections  28,  29,  30,  31,  32,  33,  appear  in  difttreut  handwritings  from 
the  main  body  of  the  article. 

Section  2,  Article  3 — Appears  in  a  different  handwriting  from  main 
body  of  the  article. 

Section  3,  Article  3 — In  words  as  follows:  "Nothing  in  this  Con- 
stitution shall  be  construed  to  deprive  retired  olficers  or  retired  privates 
of  the  army  or  navy  of  the  United  States  of  the  right  of  suffrage,  when 
otherwise  qualified,"  has  been  stricken  out,  and  Section  4,  same  article, 
has  been  altered  to  read  "Section  3." 

In  Section  3,  Article  5— The  following  words  have  been  interlined 
between  lines  three  and  four  of  section:  "Any  measure  referred  to  the 
people  by  the  Initiative  shall  take  effect  and  be  in  force  when  it  shall 
have  been  approved  by  the  majority  of  the  votes  cafst  in  such  election," 
and  the  words  "by  the  referendum,"  between  the  fourth  and  fifth  lines 
of  section. 

The  following  words  have  been  stricken  out:  "and  if  the  Legislature 
bhall  fail  to  make  such  provision,  then  the  Governor  of  the  State  shall, 
by  executive  order,  make  such  rules  as  may  be  necessary  to  carry  these 
provisions   into   effect." 

In  Section  5,  Article  5 — The  words  "and  special"  and  the  word  "and" 
have  been  stricken  out.  and  the  word  "or"  has  been  interlined. 

In  Paragraph  h,  Section  9,  Article  5 — The  following  words  have  been 
stricken  out:  "than  the  population  over  the  adjoining  districts  in  the 
same  county." 

Paragraph  c.  Section  13,  Article  5 — Has  been  interlined  and  said 
interlineations  are  made  in  a  different  handwriting,  in  words  as  follows: 
"Lincoln,  one  to  be  elected  from  each  of  the  following  Districts:  District 
One:  The  Township  of  Pawnee,  Ponca,  North  Fox,  South  Fox,  North 
Keokuk,  South  Keokuk,  North  Creek,  South  Creek,  North  Seminole,  South 
Seminole,  North  Choctaw,  and  South  Choctaw,  with  all  towns  and  cities 
contained  therein;  District  Two,  all  that  part  of  Lincoln  County  not  con- 
tained in  District  One." 

Sections  9,  9a,  9b,  10,  11,  12,  13,  14,  15  and  16,  with  all  the  para- 
graphs thereof,  appear  in  different  handwriting  from  that  of  the  main 
body  of  the  article,  and  there  appear,  all  told  in  said  article  three  dif- 
ferent  handwritings. 

On  page  11  the  following  words  have  been  stricken  out:  "Payne  and 
Pawnee,"  "Tillman  and  Jackson;"  "and  the  Counties  of  Craig,  Rogers 
and  Tulsa,  one;"  and  "Section  16.  The  Legislature  shall  have  power,  at 
its  first  regular  session  after  each  Federal  Census,  to  apportion  the 
several  Counties  of  the  State  into  Representative  and  Senatorial  Dis- 
tricts.    When  any  Senatorial  District  shall  embrace  more  than  one  County, 


378  JOURNAL  OF  CONSTITUTIONAL 

the  Counties  shall  be  contiguous  and  the  Districts  shall  be  as  nearly 
equal  in  population  as  may  be:  Provided,  That  each  original  County  shall 
have  always  one  representative,  and  no  County  shall  ever  take  part  in 
the  election  of  more  than  four  representatives  and  two  senators." 

In  Section  26,  Article  5 — The  following  words  have  been  interlined: 
"the    first    Tuesday    after   the." 

In  Section  46,  same  article — The  following  words  have  been  inter- 
lined:  the  word  "cities"  twice,  and  the   word  "of." 

In  Section  58,  same  article — The  following  words  have  been  inter- 
lined: "enactments  tor  carrying  into  effect  provisions  relating  to  the 
Initiative  and  Referendum,  or." 

In  Section  1,  Article  6 — The  word  "labor"  has  been  stricken  out 
and  the  words  "of  labor"  interlined. 

In  Section  20,  same  article — The  words  "who  shall  be  elected"  are 
written  in  a  different  handwriting  from  the  main  body  of  the  section. 

In  Section  21,  same  article— The  words  "labor  department"  have 
been  stricken  out,  and  the  words  "department  of  labor"  are  interlined. 

In  Section  35,  same  article — The  word  "arrow"  and  the  word  "points" 
are  stricken  out  and  the  word  "arrows"  and  the  word  "rays"  are  inter- 
lined. 

In   Section   2,  Article   7 — The  word   "other"    has  been   interlined. 

In  Section  12,  same  article — The  word  "such"  and  "from  the  County' 
have    been    interlined. 

In  Section  16,  same  article — The  following  words  have  been  inter- 
lined: "and  in  all  cases  appealed  from  the  County  Court  to  the  District 
Court." 

In  Section  18,  same  article— The  following  words  have  been  stricken 
out:      "and  District  Court." 

In  Section  3,  Article  9. — The  word  "each"  nas  been  interlined. 

In  Section  8,  same  article — The  following  words  have  been  stricken 
out:  "nor  shall  any  oflBcer  of  such  corporation  act  as  an  officer  of  any 
other  corporation  owning  or  controlling  a  parallel  or  competing  line," 
and  the  following  words  have  been  interlined:  "except  by  the  enactment  ot 
the  Legislature  upon  the  recommendation  of  the  Corporation  Commis- 
sion: Provided,  However,  That  the  Legislature  shall  never  enact  any  law 
permitting  any  public  service  coiporation,  the  lessees,  purchasers,  or 
managers  thereof,  when  such  public  service  corporation  is  organized 
under  the  law  of  any  other  State,  or  of  the  United  States,  to  consolidate 
the  stock,  property,  or  franchises  of  such  corporation  with,  or  lease,  or 
purchase  the  works  of,  franchises  of,  or  in  any  way  control,  any  othei 
public  service  corporation,  organized  under  the  laws  of  any  other  State, 
or  of  the  United  States,  owning  or  having  under  its  control  in  this  State 
a  parallel  or  competing  line;  nor  shall  any  officer  of  such  corporation  act 


CONVENTION   OF   OKLAHOMA.  379 

as  an  officer  of  any  other  corporation  owning  or  controlling  a  parallel  or 
competing  line." 

In  Section  12,  same  'article — Tlie  word  "company"  has  been  inter- 
lined. 

In  Section  13,  same  article — The  word  "their"  has  been  interlined 
and  a  word  erased  between  the  word  "of"  and  the  word  "sleeping-car." 

In  Section  18,  same  article — The  word  "transmission"  has  been 
interlined. 

Sections   18a  and   ISb,  same  article — Have  been  interlined. 
In  Section  21,  same  article — The  word  "the"  has  been  interlined. 
In  Section   28,  same  article — Tlie  word  "railroad"  has  been  stricken 
ont  and  the  word  "corporations"  interlined. 

In  Section  29,  Article  9 — The  word  "indebtedness"  has  been  blurred. 
In   Section    3  2,   same   article — The   following  words  have  been   inter- 
lined:   "or  such  other  persons  as  may  be  designated  by  law." 

In  Section  3  3,  same  article — The  word  "own"  has  been  stricken  out 
by  block  dash,  and  the  words  "of  such  persons,  firm  or  corporation"  and 
the  word  "such"  have  been  interlined. 

In  Section  41,  same  article — The  following  words  have  been  inter- 
lined: "trust  company,  or  bank,  or  banking  company  except  such  stock 
as." 

In  Section  44,  same  article — The  following  words  have  been  stricken 
out:  "discriminate  against  any"  and  "whenever  and  in  whatever  respect 
it  may  deem  wise  or  expedient;"  and  the  following  words  have  been 
interlined:  "or  limit"  and  "impose  conditions  under  which,"  and  "may  be 
licensed  to  do  business  in  this  State." 

Section  45,  same  article— In  words  and  figures  as  follows,  has  been 
stricken  out:  "Section  45.  No  foreign  corporation  licensed  to  do  bus- 
iness in  this  State,  shall  without  the  consent  of  the  other  party  to  any  suit 
or  proceeding  brought  by  or  against  it  in  any  Court  of  the  State,  shall 
remove  the  same  to  any  Federal  Court  without  forfeiting  its  license  to  do 
business  in  the  State;"  "shall  be  revoked." 

The  numbers  of  Sections  4  6,  47  and  4  8,  of  said  article,  are  changed 
to  follow  44  in  consecutive,  numerical  order,  as  Sections  45,  46  and  47. 

In  Section  4  5,  same  article — The  following  words  have  been  inter- 
lined: "Until  otherwise  provided  by  law,"  and  ".n-eating  a  monopoly  or," 
and  the   word  "quantity." 

In  Section  2,  Article  10,  the  word  "ordinary"  has  been  interlined. 
In  Section  5,  same  article — The  word  "ever"   has  been  interlined. 
In  Section  9,  same  article — The  following  words  have  been  stricken 
out:   "three-fifths,"  and  the  word  "majority"  has  been  interlined. 

In  Section  25,  same  article,  the  following  words  have  been  inter- 
lined: "for  and  against  it."  In  Section  26,  same  article — The  word  "the" 
has  been  interlined.     In  Section  2  8,  same  article — The  word  "may"  has 


380  JOURNAL  OF  CONSTITUTIONAL 

been  stricken  out  and  the  word  "shall"  has  been  interlined,  and  in  Sec- 
tion 29,  same  article — The  words  "of  the"  have  been  stricken  out. 

In  Section  3,  Article  16 — The  word  "the"  has  been  stricken  out,  and 
the  words   "and"   and   "compulsory"    have   been  interlined. 

In  Section  6,  Article  17,  Paragraph  b — The  word  "January"  has 
been  stricken  out  four  times  and  the  word  "April"  has  been  interlined 
four  times,  and  the  following  other  words  have  been  interlined:  "if"  and 
"or  postponed,"  and  "Nineteen  Hundred  and  Nine." 

Under  the  heading  of  "Counties  and  County  Seats,"  Section  8, 
Article  17 — All  numerals  in  this  section  except  dates  have  been  stricken 
out. 

In  description  of  Alfalfa  County,  the  word  "the"  has  been  stricken 
out;  under  subhead  Beckham  County,  the  word  "center"  has  been  inter- 
lined; under  subhead  Blaine  County,  the  word  "under"  appears  over  an 
erasure  in  different  handwriting  from  the  rest  of  paragraph;  under  sub- 
head, Blaine  County,  the  word  "by"  has  been  stricken  out  and  the  word 
"under"  is  interlined;  under  subhead,  Choctaw  County,  the  word  "said" 
has  been  stricken  out;  under  subhead,  Comanche  County,  the  word 
"thence"  has  been  interlined;  under  subhead.  Caster  County,  the  word 
"shall"  appears  over  an  erasure  in  different  handwriting  from  the  remain- 
der of  the  paragraph;  under  subhead,  Dewey  County,  the  word  "by"  has 
been  stricken  out  and  the  word  "under"  interlined;  same  correction  under 
Kingfisher  County;  under  subhead,  the  word  "river"  has  been  stricken 
out;  under  subhead.  Creek  County,  the  word  "thence"  has  been  inter- 
lined; under  subhead,  Pontotoc  County,  the  word  "ranges"  has  been 
interlined;  under  subhead,  Washington  Coanty,  the  word  "and"  has  been 
stricken  out;  paragraph  entitled,  Woodward  County,  contains  two  differ- 
ent  handwritings. 

Sections  1,  2  and  3a  appear  in  different  handwriting  from  that  of 
the  main  body  of  the  article. 

In  Section  1,  Article  19 — The  words  "the"  and  "all"  have  been 
interlined. 

In  the  caption  of  Article  22 — The  words  "and  corporate"  have  been 
interlined. 

In  Section  2,  Article  22,  the  following  words  have  been  stricken  out: 
"five,"  "or  other  property,"  and  "for  the  execution  of  a  trust  or;"  and  the 
following  words  have  been  interlined:  "to  secure  loans"  and  "upon  fore- 
closure of  such  mortgages  or,"  and  "seven,"  and  "to  be  held."  and  "as." 

In  Section  8,  Article  23,  the  following  words  have  been  stricken  out: 
"or  of  any  law  made  in  accordance  therewith." 

In  Section  19  of  the  Schedule,  the  word  "and"  has  been  interlined; 
in  Section  6  of  the  Schedule,  an  erasure  occurs  at  the  end  of  the  section, 
and  the  words  "and  of  County  Superintendent  of  Public  Instruction," 
appear  in  different  handwriting  from  the  body  of  the  section.     In  Section 


CONVENTION   OF   OKLAHOMA.  381 

12,  the  Schedule,  an  erasure  occurs  in  the  first  line,  between  the  word.-; 
"Indian  Territory"  and  the  words  "all  local  improvements,"  and  two 
handwritings  appear  in  said  section.  In  Section  31,  the  Schedule,  tht^ 
word  "and"  is  interlined  three  times.  In  Section  36,  the  Schedule,  the 
words  "that"  and  "of  have  been  stricken  out  and  the  words  "at"  and 
"for"  have  been  interlined.  In  Section  3S,  the  Schedule,  the  word 
's])eciar'  is  interlined. 

Section  8,  Article  17 — Being  the  County  Boundary  Provision,  is  in 
a  different  handwriting  from  the  remainder  of  the  parchment  enrollmeni 
of    the   Constitution. 

D.   S.   ROSE. 
J.  W.  SWARTS, 
MILAS    LASATER. 

Mr.  Hayes  offered  a  resolution,  relating  to  adjournment.  Mr.  Wil- 
liams uf  108,  proposed  an  amendment,  which  was  accepted,  and  on 
motion,  the  resolution   was  adopted  as  follows: 

Be  It  Resolved,  That  when  this  Convention  adjourns  today,  that  it 
},>e  until  10  o'clock  in  the  forenoon  of  the  16th  day  of  September,  A.  D  , 
1907,  unless  sooner  called  together  by  the  President  of  this  Convention; 
Provided,  That  should  said  Convention  not  assemble  again,  in  such  capac- 
ity, prior  to  or  on  the  16th,  A.  D.,  1907,  the  President  of  this  Conven 
tion  shall,  on  said  date  by  proclamation,  adjourn  said  Convention,  sine 
die;  Provided,  Further,  That  the  President,  if  he  sees  proper,  may  bv 
l)roclamation  adjourn  said  Convention  sine  die,  at  any  time  prior  to 
September  17th,  1907. 

President  Murray  appointed  as  a  Committee  to  draft  Resolutions  of 
Respect  and  Condolence  on  the  death  of  Mr.  John  W.  Foose,  late 
Librarian  of  the  Territory  of  Oklahoma,  Messrs.  Rose,  Helton  and  John- 
ston. The  committee  after  deliberation  offered  the  following  resolution, 
which  upon  motion,  was  unanimously  adopted: 

John  W.  Foose,  the  late  Custodian  of  the  Territorial  Libraiy  of 
Oklahoma,  departed  this  life  on  May  7,  1907.  The  deceased  was  sixty- 
eight  years  of  age,  and  leaves  to  mourn  his  loss,  a  wife,  three  sons  and 
three  daughters,  and  a  host  of  sympathetic,  loving  friends,  who  mingle 
their  tears  with  those  of  the  sorrowing  relatives.  He  had  so  lived  thai 
all  who  knew  him  loved  and  revered  his  gentle  and  faithful  nature.  His 
life  was  the  free  gift  of  a  heart's  sincere  devotion  to  the  good  of  hlt> 
fellow  men  and  his  country's  weal.  In  a  long  and  active  life  of  useful- 
ness, he  has  often  felt  the  cool  shade  of  laurel  on  his  brow,  in  token  of 
victories  gloriously  earned  and  richly  deserved.  With  the  coming  of  old 
age  and  the  breaking  of  his  once  perfect  health,  he  sought  and  found  a 
quiet,  restful  retirement  in  the  service  of  the  public  as  its  Librarian. 
This  position  he  held  at  the  time  of  his  demise.  It  was  here  the  members 
of  this  Convention  met  and  learned  to  love  him.     His  constant  care  and 


382  JOURNAL  OF  CONSTITUTIONAL 

uniform  courtesy;  his  ever  aggressive  and  kind  consideration  of  the 
wants  of  the  Convention  and  each  of  its  members  endear  his  name  and 
memory  to  our  membership. 

During  our  brief  adjournment,  Mr.  Foose  had  grown  weary  of  the 
journey  of  this  mortal  life,  and  had  turned  and  fallen  into  the  solemn 
recesses  of  that  sweet  slumber  from  which  duty  can  no  longer  call  him. 
The  members  of  this  Convention,  recognizing  his  high  merits,  and  in  mem- 
ory of  his  kindness  to  us,  note  with  sorrow  the  absence  of  the  kind, 
sympathetic,  manly  face  from  among  the  stately  volumes  of  legal  lore. 
This  simple  tribute  of  respect  is  a  sincere,  earnest  token  of  that  sense  of 
loss  we  feel  and  which  we  know  is  shared  by  all  who  knew  him.  Th« 
members  of  this  Convention  weep  with  the  sorrowing  family,  and  while 
we  deposit  the  flower  thoughts  of  our  love  in  garlands  of  memory  at  the 
doorway  of  his  tomb,  we  lift  the  eyes  of  faith  to  the  stars  of  hope  stir- 
ring in  the  evening  shade,  and  from  the  western  hills  come  back  the 
assuring  token  that  the  doorway  at  which  we  mourn  is  the  open  portal  to 
larger  glory  of  immortal  life. 

D.   S.    ROSE. 

W.   L.   HELTON. 

HENRY    S.    JOHNSTON. 

President  Murray  announced  that  he  was  about  to  sign  the  Con- 
r.titution,  and  in  the  presence  of  the  Convention,  in  open  session,  he  affixed 
his  signature  to  the  parchment  enrollment  of  the  Constitution  for  the 
proposed  State  of  Oklahoma,  as  President  of  the  Constitutional  Conven- 
tion for  said  proposed  State. 

Peter  Hanraty  subscribed  both  copies,  as  First  Vice-President,  and 
A.  H.  Ellis  subscribed  as  Second  Vice-President,  and  after  the  Delegates 
present  who  desired  to  subscribe  the  documents,  had  affixed  their  signa- 
tures, being  a  majority  of  all  the  Delegates  elected  to  and  composing  the 
Constitutional  Convention,  John  McLain  Young,  Secretary  of  the  Con- 
stitutional Convention,  affixed  his  signature,  as  such  Secretary,  attestin:,' 
the  signatures  of  all  members  subscribing,  and  Chas.  H.  Filson,  Secretary 
of  the  Territory  of  Oklahoma,  subscribed  the  two  copies,  attesting  the 
signatures  of  all  who  had  subscribed,  and  affixed  to  said  copies  the  Great 
Seal  of  the  Territory  of  Oklahoma. 

President  Wm.  H.  IMurray,  and  Secretary  John  McLain  Young  sub- 
Koribed  the  Election  Ordinance,  in  the  presence  of  the  .Convention,  con- 
forming to  the  rules  of  the  Convention. 


CONVENTION  OF  OKLAHOMA. 


3S3 


The   Delegates    who   liubscribed  the   C^oustitution,    as   amended,    beiiife 
as  follows: 

ATTEST:  WM.  H.  MURRAY, 

JOHN  McCLAIN  YOUNG,  President  or  the  Constitutional   Con- 
Secretary,  vention    of    the    proposed    State    of 
(SEAL)  Oklahoma  and  Delegate   from  Dis- 

CHAS.    H.    FILSON,  ''''''    ^«-    l^^" 

Secretary  ot  Oklahoma.  PETER  llANRATY, 

Vice-President. 
ALBERT  H.  ELLIS, 
Second    Vice-President    and    Delegate 
District.  No,   14. 

PHILIP    B.    HOPKINS, 

District   No.    75. 
C.   N.    HASKELL, 

District  No    7*6. 


C.    S.   Leeper,    District   No.    96. 
T.  O.  James,  District  No.   1. 
C.   H.    Pittman. 
J.    H.    N.    Cobb. 
C.  W.  Board,  District  No.  73. 
W.  S.  Dearing,  District  No.  44. 
David  S.  Rose,  District  No.   15. 
Geo.  A.  Henshaw,  District  No.  107. 
W.  F.  ;Hendricks,  District  No.  10. 
James  H.  Chambers,  District  No.  105 
William  J.  Caudill,  District  No.  50. 
Cham  Jones,  District  No.   101. 
John  M.  Carr,  District  No.  54. 
L.    B.    Littleton,    District   No.    32. 
J.    B.   Tosh,   District   No.    52. 
J.  K.  Hill,  District  No.   63. 
J.  J.  Savage,  District  No.  4  8. 
J.  S.  Buchanan,  District  No.   84. 
J.  C.  Graham,  District  No.   106. 
J.  A.  Alderson,  District  No.  12. 
Thad  D.  Rice,  District  No.   38. 
A.  G.  Cochran,  District  98. 
William  N.  Littlejohn,  District  No. 

78. 
James  R.  Copeland,  District  No.  6  2. 
C.    V.    Rogers,   District  No.    64. 


J.    A.   Baker,   District  No.    81. 
T.    C.   Wyatt,   District  No.    33. 
Charles   L.    Moore,    District   No.    13. 
A.  L.  Hausam,  District  No.  7  0. 
J.   J.  Quarles,  District  No.  56. 
Ben.  F.  Harrison,  District  No.  88. 
E.  G.  Newell,  District  No.  19. 
Haniner  G.  Turner,  District  No.   80. 
Delphas  G.  Harned,  District  No.  9. 
J.  Howard  Langley,  District  No.  65. 
G.    W.    Wood,    District    No.    8. 
J.  S.   Latimer,   District  x\o.  99. 
Jno.  B.  Harrison,  District  No.  45. 
Joel   M.   Sandlin,    District  No.   2  2. 
L.   J.  Akers,   District  No.   102. 
.John  L.  Mitch,  District  No.   2  9. 
W.  A.  Ledbetter,  District  No.  103. 
Christopher  C.   Mathis,   District  No. 

100. 
Edwin  T.  Sorrells,  District  .NTo.  92. 
Carlton  Weaver,  District  No.  87. 
Henry  S.   Johnston,  District  No.   17. 
J.  E.  Safer,  District  No.  2  0. 
Milas  Lasater,   District   No.    94. 
S.   W.   Ramsey.   District  No.   30. 
R.  L.  Williams,  District  No.  108. 


384 


JOURNAL  OF  CONSTITUTIONAL 


B.   E.   Bryant,  District  No.   47. 
Samuel  W.  Hayes,  District  No.  85. 
James  I.  Wood,  District  N«.   89. 
David  Hogg,  District  No.   4  3. 
Flowers  Nelson,  District  ISto.   68. 
Boone  Williams,  District  No.  97. 
W.  L.  Helton,  District  No.   24. 
Edward  R.  Williams,  District  No.  3 
J.   F.  King,  District  No.   16. 
J.    W.    Swarts,   District  No.    60. 
W.   E.  Banks,  District  No.  51. 
R.  J.  Allen,  District  No.  93. 
Charles  M.  McClain,  District  No.  86 
Fred  C.  Tracy,  District  No.   2. 
G.  M.  Berry,  District  No.   18. 


Henry  L.  Cloud,  District  No.  23. 
E.  F.  Messenger,  District  No.  82. 
John  J.  Carney,  District  No.  36. 
Gabe  E.  Parker,  District  No.  109. 
VV.   C.  Hughes,  District  No.  28. 
H.  O.  Tenor,  District  No.  42. 
C.  H.  Bowers,  District  No.  41. 
J.  K.  Norton,  District  No.  35. 
Matthew  J.  Kane,  District  No.  37. 
Joseph   J.  Curl,  District  No.   57.    , 
O.   H.  P.  Brewer,  District  No.   77. 
A.  S.  Wyly,  District  No.  7  2. 
William  H.  Edley,  District  No.  53. 
George  Norton  Bilby,  District  No.  6. 
T.   J.    Leahy,   District  No.    56. 


William  C.  Liedtke,  District  No.  83. 

At  9  o'clock  a.  m.,  the  Convention  adjourned,  in  pursuance  of  £ 
resolution  adopted  this  day,  until  10  o'clock  a.  m.,  September  16th,  A.  D. 
1907,  unless  sooner  convoked  by  the  President  of  the  Convention. 


APPENDIX 


llOSTEIl  OF  MKMBEKSHir. 


District.      Name.  Seat 

102.  .  .  .Akers,  L.   J 21 

93.  .  .  .Alleu,   R.    J 7 

12!  .  .  .  Alderson,    J.    A 3S 

25.  .  .  .Asp,   H    E 101 

bl.  .  .  .Baker,    J.    A 63 

52.  .  .  .Banks,  W.  E 2G 

IS.  .  .  .Berry,   G.  M 50 

6 Bilby.   G.   N 2G 

73 Board,  C.  W S3 

41.  ..  .Bowers,    C.    H 72 

77 Brewer,    O.    P SS 

47.  .  .  .Bryant,    B.    E 70 

34.  .  .  .Buchanan,    J.    S 93 

74.  .  .  .Cain,    W.    A 57 

6.  .     .Carney,    John    J 29 

54 Carr,    J.    M. 22 

50 Caudill,  W.    J 107 

10  5.  .  .  .Chambers,    J.    H 4 

23 Cloud,    H.    L 99 

67.  .  .  .Cobb,    J.    H.    N 59 

98.  .  .  .Cochran,    A.    G 35 

62.  .  .  .Copeland,   Riley 41 

4.  .  .  .Covey,    H.    P 105 

57 Curl,    J.    J 15 

69 Dalton,   W.    T 106 

44 Bearing,    W.    S 49 

53 Edley,  W.  H. 77 

66.  .  .  .Bdmondson,  J.   T 94 

14.  .  .  .Ellis,    A.    H 11 

39 Fisher,   C.   C 27 

84 Frye,    C.    0 103 

91 Gardner,    N.    B 97 

106.... Graham,   J.   C S5 

90.  .  .  .Hanraty,    Pete 46 

9 Harned,   D.  G 84 

71 Harris,   J.    A 104 

45  ...  .  Harrison.   J.    B 32 


Residence 
....     Woodford. 

Duncan. 

.  .    Pond    Creek. 

Guthrie. 

Wewoka. 

Hess. 

Pawnee. 

Alva. 

....     Okmulgee. 

Cement. 

.    Webbers  Falls. 

Gotebo. 

Norman. 

Oktaha. 

El    Reno. 

Frederick. 

Hobart. 

Atoka. 

W'ellston. 

Sapulpa. 

...    Hartshorne. 

Fairland. 

Fargo. 

.  .  .    Bartlesville. 
.    Broken  Arrow. 

Thomas. 

Fletcher. 

Mayesville,  Ark. 

Orlando. 

Hinton. 

Sallisaw. 

Stigler. 

Marietta 

South  McAlester. 

Ringwood. 

Wagoner. 

Sayre. 


386 


JOURNAL  OF  CONSTITUTIONAL 


District.      Name.  Seat 

88.  .  .  .Harrison,  B.  P 31 

76 Haskell,   C.   N IG 

70.  .  .  .Hausam,    A.    L 73 

85.  .  .  .Hayes,    S.    W 2  9 

24.  ..  .Helton,   W.    L 44 

10 ...  .  Hendricks,    W.    F 87 

107  ..  .  .Henshaw,  G.  A 25 

46.  ..  .Herring,    F.    E 6o 

63.  .  .  .Hill,    J.    K 62 

4  3.  .  .  .Hogg,     David 61 

75.  ..  .Hopkins,    P.    B 100 

21....  Heiiston,  R.  E 56 

79  ...  .  Hudson,    W.    B 98 

28.  .  .  .Hughes,  W.  C 91 

58  .  .  .  .Humphrey,    W.    B 2  4 

27.  .  .  .Hunt,   W.   T.    S 55 

1 .  .  .  .James,    T.    0 8 

26  ...  .  Jenkins,   W.    D 60 

17....  Johnston,  Henry  S 64 

101....  Jones,    Cham 112 

37  .  .  .  .Kane,    M.   J 40 

40  ...  .  Kelly,    Henry 82 

16.  .  .  .King,    J.    P 17 

59  ...  .  Kornegay,    W.    H 78 

65.  .  .  .Langley,  J.  H 37 

94.  .  .  .Lasater,    Milas 108 

99.  ..  .Latimer,    J.   S 10 

5  6.  .  .  .Leahy,  T.   J 28 

110.  .  .  .Lee,    B.    P 33 

9  6.  .  .  .Leeper,    C.    S 23 

10  3....  Ledbetter,  W.  A 52 

83  ...  .  Liedtke,    W.    C 68 

78  ...  .  Littlejohn,  W.  N 5 

3  2.  .  .  .Littleton,     I     B HI 

5  .  .  .  .  McCance,   E.   0 13 

86 McClain,    C.    M 79 

ni  .  .  .  .  McClure,  P.  J 102 

7.  .  .  .Majors,   J.   C 4  8 

100.  .  .  .Mathis.  C.   C 9  2 

31  .  .  .  .Maxey,   J.    H 53 

82  ...  .  Messenger,  E.  P 67 

29 Mitch,   J.   L 75 

13.  .  .  .Moore,   C.    L 4  5 


No.  Residence. 

Calvin^ 

Muskogee. 

Coweta. 

Chickasha. 

Marshall. 

Wakita. 

Madill. 

Elk    City. 

,  .  .  .    Catoosa. 

Grand. 

Muskogee. 

Agra. 

Henryetta. 

Oklahoma  City. 

Nowata. 

Oklahoma  City. 

Guymon 

Guthrie, 

Perry. 

Ryan. 

Kingfisher 

Minco. 

Newkirk. 

Vinita. 

Pryor   Creek. 

Pauls  Valley. 

Wilburton. 

Pawhuska. 

Hugo. 

Sulphur. 

Ardmore. 

Eufaula. 

Brushy. 

Earlesboro 

Mutual. 

Purcell. 

Lukfata. 

Granton. 

Monroe 

Shawnee. 

Holdenville. 

Oklahoma  City. 

Enid. 


CONVENTION   OF   ORLAIIOMA.  387 

District.      Name.  Seat  No.  Residence. 

68  .  .  .  .Nelson,     Flowers 19    Tulsa. 

19 Newell,    N.    G 54     Yale. 

35 Norton,    J.    K 6    Piedmont. 

109 Parker.    Gabe   E 96    Academy. 

11 Pittman,    C.    H. 20     Enid. 

56 Quarles,    J.    J 39     Fairtax. 

30 Ramsey,  S.  M 109     Tecumseh. 

38 Rice,    Thad 1     Hitchcock. 

49 Roberts,    Lulte 14     Olustee. 

64 Rogers,  C.  V 3    Claremore. 

15 Rose,    D.    S 43    Blackwell. 

22 Sandlin,   J.   M 76    Prague. 

20 Sater,    J.   E 58     Stillwater. 

48 bavage,   J.    J 90    McKnight. 

9  2 Sorrells,   E.   T 34     Milton 

95 Stowe,  F.   J. 51    Wynnewood. 

61 Swarts,  J.  W 42     Chelsea. 

52 Tosh,    J.    B 69    Hobart. 

42 Tenor,    H.    0 81    Taloga. 

2  .  .  .  .  Tracy,    F.    C 2    Beaver. 

55 ...  .  Tucker,    G.     M 9     Comanche. 

80 Turner,    H.    G 47    Brush  Hill. 

87 ...  .  Weaver,    Carlton 80     Ada. 

3 Williams,  E.  R 30     Stockholm. 

97.  .  .  .Williams,    Boone 95    Lehigh. 

108....  Williams,  R.  L 74    Durant. 

60 Wills,   D.   P 71     Miami 

8  .  .  .  .  Wood,    Geo.   W. 12    Cherokee. 

89 ...  .  Wood,    J.    1 89    Scipio. 

33  ...  .  Wyatt,   T.    C IS     Wanette. 

72 Wyly,    A.    S r.6    Tahlequah. 

104.  .  .  .Murray,    Wm.    H.     (President) Tishomingo 

IlOSTF.Il    OF    OFFICFIIS    AND    FMIMiOVFS. 

President,  Wm.    H.   Murray,  Tishomingo. 

First    Vice-President,    Pete    Hanraty,    South    McAlester. 

Second  Vice-President,  Albert   H.   Ellis,  Orlando. 

Page  to  the  President,  Clive  Murray,  Emet. 

Secretary,   Jno.    M.   Young,   Lawton. 

Assistant  Secretary,  Joseph  E.   .lohnston,   Alva. 

Chief  Enrolling  and  Engrossing  Clerk,   R.    E.   Bagby,   Perry. 

Journal  Clerk,  E.  C.  Patton,  Tishomingo. 


388  JOURNAL  OF  CONSTITUTIONAL 

Minute  Clerk,  O.  G.  Harper,  Brule. 

Reading  Clerk,  R.  T.   Williams,  Altus. 

Assistant  Reading  Clerk,  N.   A.  Gordon,  Oklahoma  City. 

Official  Reporters,  A.  R.  Taj'lor,  Muskogee;  S.  A.  Oppliger,  Ardmore; 
Orville  T.  Smith,  Gut'hrie;  Ham  P.  Bee,  Ardmore;  Rosalie  Hamblen-Jar- 
rell,  Guthrie. 

Chief   Committee   Clerk,   J.    E.    Peddicord,    Oklahoma    City. 

Committee  Clerks,  Chas.  F.  Barrett,  Shawnee;  C.  T.  Byrd,  Broken 
Arrow;  J.  M.  Lynch,  Stilwell;  S.  J.  Borden,  South  McAlester;  E.  J.  Dick. 
Ponca  City;  Clifford  Caldwell,  Weatherford;  Miss  Josephine  Schott,  Perry; 
C.  C.  Worrall,   Hobart. 

Committee  Stenographers,  G.  C.  Stark,  Tishomingo;  Harry  P.  Stonum, 
Marietta;  D.  Fuller  Gore,  Lawton;  C.  W.  Allen,  Sapulpa;  Lelia  Arrington, 
Sapulpa. 

Chaplain,    Frank   Naylor. 

Sergeant-at-Arms,  W.  A.  Durant,  Durant. 

Assistant   Sergeant-at-Arms,   D.   C.    Oats,   Alva. 

Postmaster,   S.    O.    Dawes,   Shawnee. 

Mail  Carrier,  Jno.  M.  Day,  Tulsa. 

Messenger,    James    E.    Thomas,    Lawton. 

Cloak  Room  Attendants,  J.  A.  Williams,  Enid;  C.  W.  Meek,  South 
McAlester. 

Doorkeepers,  J.  A.  McLean,  El  Reno;   M.  Clark,  Norman. 

Ushers,  J.  M.  Miller,  Hinton;  J.  M.  Murray,  Stroud. 

Day  Watchman,  Mike  O'Brien,  Oklahoma  City. 

Night  Watchman,   Con   Herrington,    Guthrie. 

Pages,  Owen  Watts,  Sallisaw;  Albert  Greenwood,  Guthrie;  Lon  Smith, 
Guthrie;  George  Kelley,  Oklahoma  City;  Frank  Burke,  Guthrie;  Harold 
Hayes,  Mountain  Park; 'Edward  M.  Gait,  Ardmore;  Robert  E.  Jackson. 
Jr.,  Sallisaw:  Walter  Beadles,  Guthrie;  Joe  Klink,  Guthrie;  Jorden  McKay. 
Guthrie;  Robert  Ledbetter,  Ardmore;  Paul  Henshaw,  Madill;  Douglas  H. 
Jonhston,  Jr.,  Emet;  Stewart  Bryan,  Shawnee,  J.  Maurice  Young,  Lawton: 
Max  Patton,  Tishomingo;   B.  F.  Lee,  Jr.,  Hugo. 


CONVENTJON   OF   OKLAHOMA.  389 


HKVAN  urn  Kit. 

Letter  of  Hon.  W.  .).  Bryan  to  the  Constitulional  Convention  of  Ok- 
lahoma. 

Lincoln,   Neb.,   Dec.    11,    1906. 

Hon.  W.    H.    Miirraj',    Presidient   Constitutional    Convention,    Guthrie,    Ok- 
lahoma. 
My  Dear  Mr.  Murray — 

I  wrote  you  a  few  days  ago  expressing  my  deep  appreciation  of  the 
honor  done  me  by  the  convention  in  inviting  me  to  address  it  and  my  re- 
gret that  the  work  which  I  have  on  hand  prevents  my  acceptance.  I  then 
promised  to  present  some  suggestions  in  writing  and  these  I  herewith 
enclose,  in  the  hope  that  they  may  be  of  some  service  to  the  earnest  men 
who  are  engaged  in  the  important  work  of  framing  a  constitution  for  the 
new  state  of  Oklahoma. 

Very  truly  yours, 

(Signed)    W.  J.  BRYAN. 

Lincoln,  Neb.,   Dec.    11,    1906. 
To  the  Members  of  the  Constitutional  Convention  of  Oklahoma: 

Gentlemen: 

After  expressing  my  grateful  appreciation  of  the  honor  you  do  me 
in  inviting  me  to  address  you,  and  my  regret  that  circumstances  prevent 
my  acceptance,  I  beg  to  submit  some  suggestions  in  writing,  in  lieu  of 
those  which  I  would  take  pleasure  in  submitting  orally  if  I  could  be 
])resent. 

The  task  which  the  citizens  of  Oklahoma  have,  by  their  generous 
confidence,  imposed  upan  you  is  a  very  honorable  one  as  well  as  a  very 
important  one.  The  organic  law  of  the  state  is  more  permanent  than  the 
statutes  and,  therefore,  greater  care  should  be  exercised  in  framing  it. 
You  have,  however,  the  advantage  of  the  experience  of  other  states,  and 
should  profit  by  the  wisdom  and  the  mistakes  of  those  who  have  prepared 
former  constitutions.  It  will  be  your  own  fault  if  you  do  not  frame  the 
best  constitution  ever  written.  The  final  draft  of  the  document  which 
you  prepare  will  not  be  the  work  of  one  or  of  a  few  men,  but  will  rather 
be  a  composite  production  and  reflect  those  ideas  which  you  hold  in  com- 
mon. Trusting  that  you  will  accept  my  suggestiosis  in  the  spirit  in  which 
they  are  offered  and  adopt  only  such  as  commend  themselves  to  y«ur 
good  judgment,  I  venture  to  s])eak  to  you  freely. 

Your  bill  of  rights  ought  to  secure  to  each  individual,  freedom  of 
conscience,  that  he  may  worship  God  in  his  own  way;  freedom  of  speech 
and  of  the  press,  that  he  may  communicate  his  thoughts  to  others  and 


390  JOURNAL  OF  CONSTITUTIONAL 

share  in  the  moulding  of  public  opinion,  responsible  only  to  those  whom 
he  may  injure  by  the  uttering  of  falsehoods;  freedom  of  assembly  and 
debate;  security  in  his  person  and  property  and  opportunity  to  obtain 
redress  for  injuries  by  speedy  trial. 

The  jury  should  be  permitted  in  equity  cases  as  well  as  in  cases  at 
lawv  if  either  party  desires  a  jury,  and  the -law  should  not  require  a  unan- 
imous verdict  in  civil  cases. 

I  would  prefer  a  verdict  by  two-thirds,  but  argument  may  be  made 
in  favor  of  a  verdict  by  a  majority  or  by  three-fourths.  In  civil  cases 
the  verdict  follows  the  weight  of  testimony  and  there  is  no  reason  why 
the  case  should  be  continued  until  one  side  or  the  other  can  convince 
twelve  men.  The  hung  jury,  and  it  is  generally  hung  by  one*  or  two, 
furnishes  the  most  popular  argument  against  the  system  and  those  who 
believe  most  strongly  in  the  value  of  the  jury  should  be  the  most  anxious 
to  free  it  from  every  just  criticism.  When  a  question  is  appealed  to  a 
court  where  several  judges  sit  together  the  decision  is  rendered  by  a 
majority  and  there  is  no  reason  why  two-thirds  of  a  jury  should  not  be 
permitted  to  render  a  verdict  in  civil  suits. 

While  a  jury  should  be  composed  of  persons  entirely  disinterested 
no  one  should  be  excluded  from  service  in  a  case  merely  because  he  has 
read  the  details  of  a  crime  as  published  in  the  newspapers.  The  im- 
pression made  by  a  newspaper  account,  while  it  may  be  the  basis  of  an 
off-hand  opinion,  is  not  the  basis  of  such  a  conviction  as  ought  to  ex- 
cuse a  man  from  the  jury.  If  a  man  is  himself,  a  witness,  or  if  he  knows 
the  parties  intimately  enough  to  be  biased  either  way,  he  is  not  com- 
petent to  serve,  for  absolute  impartiality  is  required  but  there  is  more. 
risk  of  injustice  being  done  by  twelve  men  who  are  too  ignorant  to  read 
the  papers  than  by  a  jury  to  have  read  newspaper  reports,  but  are  free 
to  act  upon  the  evidence  as  presented. 

The  selection  of  the  jury  should  be  hedged  about  by  restrictions 
which  will  exclude  the  professional  juror  and  make  jury  service  the  duty 
of  all.  While  there  may  be  special  reasons  for  excluding  one  from  ser- 
vice no  man  should  be  excused  merely  because  he  can  spend  his  time 
more  i)rofitably  in  business. 

Your  judges  should  be  elected  by  the  peoi)le  rather  than  appointed 
and  it  would  be  well  for  your  constitution  to  ])rovide  that  the  accused  in 
any  contempt  i)roceedings  shall  on  demand  be  allowed  a  jury  when  the 
alleged  contempt  is  committed  outside  of  the  court  room.  This  is  the 
real  jjoint  at  issue  in  the  controversy  over  what  is  known  as  "govern- 
ment by  injunction."  When  the  contempt  is  committed  in  the  presence 
of  the  court,  the  judge  can  be  trusted  to  impose  a  fine,  his  action,  of 
course  being  subject  to  review.     But   when  the  alleged  contempt  is  com- 


CONVENTION   OF   OKLAHOMA.  391 

mitted  elsewhere  and   must  be  proven,  the  accused   should  be  given   th'^ 
protection  of  trial  by  jury. 

The  doctrine  of  local  self  government  is  an  essential  part  of  free  in- 
stitutions. Beware  of  the  tendency  which  manifests  itself  in  so  many 
ways  to  remove  authority  from  the  community  and  deposit  it  with  some 
remote  official.  The  appointment  of  police  boards  by  the  governor  is  an 
instance  of  this.  On  the  theory  that  a  city  is  incompetent  to  govern 
itself,  some  of  the  states  have  authorized  the  governor  to  appoint  police 
boards.  The  excuse  given  for  it  assails  the  foundation  principle  of  oui' 
government,  but  the  real  reason  is  usually  a  partisan  one.  It  is  an  axiom 
that  people  can  act  best  upon  subjects  which  they  best  understand,  and 
it  is  equally  axiomatic  that  they  understand  best  tliat  which  is  closest 
to  them.  Let  the  people  of  each  community  attend  to  all  matters  purely 
local.  As  the  states  are  better  custodians  t'han  the  federal  government, 
ot  interests  wholly  within  the  state,  so  the  people  of  a  county  are  the 
best  custodians  of  county  interests  and  the  people  of  a  precinct  the  best 
custodians  of  precinct  interests. 

It  may  be  well  for  you  to  put  a  constitutional  limit  to  the  length  of 
time  for  which  bonds  can  be  issued.  The  present  generation  should  not 
be  permitted  to  burden  future  generations  with  a  debt  incurred  for  the 
benefit  of  those  now  living. 

In  fixing  the  limit  of  public  indebtedness  a  distinction  should  be 
drawn  between  indebtedness  incurred  for  an  improvement  that  yields  no 
revenue  and  for  that  incurred  for  an  improvement  that  returns  an  an- 
nual income.  To  illustrate,  a  pavement  is  a  public  improvement  which 
though  a  benefit,  does  not  bring  a  money  return,  while  a  water  plant  is 
usually  a  source  of  profit  to  a  city.  A  higher  limit  of  indebtedness  may 
safely  be  allowed  when  the  money  expended  is  an  investment  which  not 
only  furnishes  something  which  the  people  need,  but  yields  an  income 
sufficient  to  pay  interest  and  retire  the  bonds. 

Elections  should  be  scrupulously  guarded  and  no  better  security  has 
yet  been  found  than  a  law  giving  each  party  representation  on  all  election 
boards.  The  two  larger  i)arties  ought  always  to  be  represented,  and  if 
there  is  a  third  party  of  any  considerable  strength,  it  should  also  be 
represented.  It  is  not  wise  to  allow  the  dominant  party  to  select  repre- 
sentatives from  the  minority  party  or  parties.  Each  party  shall  have  the 
right  to  select  its  own  representation;  in  no  other  way  can  fairness  be 
insured.  Where  the  dominant  i)arty  selects  the  minority  representation, 
the  selection  is  too  often  made  from  those  who  are  only  nominally  mem- 
bers of  the  minority  party:  If  the  party  organizations  are  allowed  to 
select  representatives,  the  persons  selected  will  not  only  be  bona  fide 
members  of  fheir  respective  parties  but  owing  to  their  allegiance  to  their 
own  organizations,  they  will  be  ai)t  to  be  more  trustworthy. 

The  cost  of  elections  should,  as  far  as  possible,  be  thrown  upon  th^ 


39  2  JOURNAL  OF  CONSTITUTIONAL 

commuuity  rather  than  upon  the  candidates  or  the  parties.  If  the  can- 
didates have  to  bear  the  expenses,  the  poor  will  be  excluded  from  office 
holding,  not  to  speak  of  the  temptation  which  large  campaign  expenses 
represent  to  the  officer  to  reimburse  himself  at  the  cost  of  the  public. 
If  the  expense  of  the  campaign  falls  upon  the  parties  there  is  a  danger 
that  corporations  or  Individuals  specially  interested  in  legislation  will 
finance  the  campaign  in  return  for  promises  of  favors.  While  corpora- 
tions should  be  absolutely  prohibited  from  contributing  to  campaign 
funds  and  while  the  public  should  be  advised  before  the  election  of  all 
individual  contributions  above  a  small  minimum,  it  would  be  easier  to 
enforce  such  a  law  if  candidates  and  parties  were  as  far  as  possible  Re- 
lieved from  the  necessity  of  making  large  expenditures.  The  cost  of 
printing  the  ballot  has  already  been  assumed  by  the  public  and  it  is 
worth  considering  whether  the  bringing  of  the  voter  to  the  polls  should 
not  also  be  provided  for  by  the  public  or  the  expenditure  of  money  by 
the  party  for  that  purpose  be  prohibited.  It  is  possible  that  the  end 
might  be  reached  by  the  publication  of  the  names  of  those  voters,  who, 
without  reasonable  excuse,  absent  themselves  from  the  polls  on  election 
day. 

The  direct  primary  is  an  improvement  over  the  convention  method 
of  nominating,  and  I  suggest  that  you  obtain  copies  of  the  primary  laws 
thus  far  adopted  in  other  states  and  enquire  of  the  heads  of  the  laws. 
Conventions  should  be  allowed  for  the  framing  of  platforms  and  for  the 
performing  of  any  work  which  cannot  be  done  by  primary  vote,  but  the 
more  fully  the  control  of  the  party  can  be  kept  in  the  hands  of  the  rank 
and  file  the  better.  Authority  comes  from  the  people  and  the  more 
directly  and  completely  the  people  control  the  less  danger  there  is  of 
the  thwarting  of  the  wishes  of  the  voters. 

The  initiative  and  referendum  are  in  harmony  with  our  theory  of 
government  and  should  be  applied  as  far  as  circumstances  will  permit. 
The  representative  is  a  necessary  evil;  he  is  employed  because  the  peo- 
ple cannot,  on  account  of  their  numbers,  act  directly  upon  public  ques- 
tions. There  is  more  virtue  in  the  people  that  finds  expres&ion  through 
those  whom  they  elect;  the  faults  of  our  government  are  not  in  the  de- 
generacy of  the  voters  but  in  the  representatives  who  use  a  public  trust 
for  i)rivate  gain.  Your  constitution  should  provide  a  way  by  which 
the  ijfoijle  of  each  city  and  county,  and  the  people  of  the  state  may 
initiate  legislation,  if  their  representatives  refuse  to  give  expression  to 
their  wishes,  and  sit  in  judgment  upon  the  acts  of  their  representatives 
whenever  a  considerable  number  of  voters  desire  to  test  public  senti- 
ment by  a  popular  vote.  The  principle  involved  in  the  initiative  and 
referendum  is  a  sound  one  and  experience  has  shown  that  it  is  a  popular 
princli)le. 

I  would  also  recommend  the  recall,  the  name  is  used  to  describe  the 


CONVENTION   OF   OKLAHOMA.  393 

system  whereby  the  people  oi"  a  community  may  pevoke  the  commission 
of  an  official  who  has  betrayed  his  trust.  The  right  of  the  people  to 
honest  and  faithful  representatives  is  superior  to  the  right  of  an  official 
to  hold  an  office  or  draw  a  salary. 

You  will  not  have  much  difficulty  in  agreeing  upon  constitutional 
provisions  where  there  are  no  special  interests  to  dispute  the  claims-  of 
the  general  public.  You  will  probably  find  your  greatest  difficulty  in 
drawing  the  provisions  relating  to  corporations  and  I  am  sure  you  will 
iiardon  me  if  I  deal  with  this  subject  with  some  elaboration.  For  the 
present  purpose,  corporations  will  be  divided  into  three  classes,  private 
corporations  proper,  corporations  holding  municipal  franchises,  and 
transportation  corporations,  such  as  railways,  interurban  electric  lines, 
express  companies,  sleeping  car  companies,  telegraph  lines  and  Ions:  dis- 
tance telephone  lines. 

I  ask  you  to  consider  the  advisability  of  creating  a  Board  of  Corpora- 
tions, composed  of  a  number  of  state  officers,  or  of  men  elected  specifical- 
ly for  that  position.  This  board  should  have  the  right  to  pass  upon  all 
articles  of  incorporation  before  they  are  filed,  to  insure  compliance  with 
prescribed  conditions.  The  watering  of  stock  and  the  issuing  of  stock 
for  anything  but  actual  money  should  be  carefully  guarded.  No  cor- 
poration should  be  allowed  to  own  land  except  as  the  ownership  of  land 
may  be  incidental  to  its  legitimate  business  and  then  the  amount  should 
be  carefully  limited.  A  corporation  can  not  cultivate  land  and  it  would 
only  lead  to  the  inauguration  of  a  tenant  system  if  corporations  were 
allowed  to  own  farm   land. 

Coal,  iron  and  other  mineral  lands  should  be  leased  rather  than 
sold,  in  so  far  as  the  state  has  control,  and  the  leases  should  be  limited 
in  duration  and  in  the  amount  that  one  person  or  corporation  can 
conti'ol. 

Time  and  experience  have  brought  out  two  corporate  evils,  which 
should  be  corrected.  One  is  the  duplication  of  directorates.  No  person 
should  be  permitted  to  serve  as  a  director  of  two  or  more  corporations 
that  either  compete  with  each  other  or  deal  with  each  other.  To  the  ex- 
tent that  two  corporations  are  controlled  by  the  same  persons  competi- 
tion is  eliminated,  and  this  is  one  of  the  methods  now  employed  for 
monopolizing  industry. 

If  the  same  men  control  two  cori)orations  which  deal  with  each 
other  they  are  constantly  svibjected  to  temi)tation  to  sacrifice  one  cor- 
poration to  the  other.  The  minority  stockholders  have  rights  that  must 
be  respected  and  one  of  their  rights  is  to  have  directors  who  have  no 
pecimiary  interests  adverse  to  the  interests  of  the  stockholders. 

No  corporation  should  be  permitted  to  hold  stock  in  another  cor- 
poration. 

Monopoly  of  the  product  is  the  second  evil  lo  be  i)revented.     Except 


394  JOURNAL,  OF  CONSTITUTION  \L. 

where  the  corporation  owns  a  patent  right,  no  corporations  ought  to  be 
permitted  to  control  enough  of  the  total  product  to  enable  it  to  fix  the 
market  price  or  the  terms  of  trade.  The  proportionate  limit  is  fairer 
than  an  arbitrary  limitation  upon  capital  stock,  because  capitalization 
sufficient  to  monopolize  one  industry  might  be  insufficient  to  enable  the 
company  to  control  any  considerable  part  of  the  product  of  another  in- 
dustry. The  object  of  the  law  should  be  to  prevent  association  together 
for  production  upon  a  large  scale.  As  long  as  competition  operates 
freely  the  public  will  get  the  benefit  of  improved  methods,  but  when 
competition  is  eliminated  the  purchaser  has  no  protection. 

No  corporation  should  be  permitted  to  discriminate  between  pur- 
chasers for  the  purpose  of  driving  a  rival  out  of  business;  it  should  be 
compelled  to  treat  all  alike.  The  trusts  have  very  frequently  resorted  to 
the  practice  of  reducing  prices  in  a  competitor's  field  while  they  main- 
tained or  raised  them  in  other  parts  of  the  country. 

These  suggestions  occur  to  me,  but  they  do  not  exhaust  the  subject. 
The  Board  of  Corporations  should  be  given  ample  power  to  supervise 
its  relations  with  other  corporations  and  to  suspend  or,  subject  to  appeal 
revoke  charters  for   violation   of  articles  of   incorporations. 

Franchise  holding  corporations  should  not  be  created  except  under 
strict  regulations.  No  franchise  should  be  granted  except  by  a  majority 
vote  of  the  people  of  the  city,  and  then  only  for  a  short  period  not  more 
than  twenty  or  twenty-five  years.  The  books  of  the  corporations  should  be 
open  for  inspection,  its  net  income  over  a  fixed  per  cent  should  be  per- 
mitted to  be  turned  into  the  city  treasury  and  the  city  should  be  per- 
mitted to  purchase  tlie  plant  upon  a  year's  notice  and  upon  equitable 
terms.  There  is  no  excuse  for  the  squandering  of  the  property  of  the 
community  as  it  has  been  squandered  in  most  of  our  large  cities.  In 
some  cities  franchises  worth  many  millions  have  been  given  away  by 
corrupt  councils.  It  is  the  rule  in  the  English  parliament  now  to  limit 
the  dividends  which  a  public  service  corporation  can  pay  and  comiiel  the 
surplus  to  be  turned  into  the  public  treasury  or  used  to  reduce  sei'vice 
charges. 

Cities  should  be  empowered  to  own  and  operate  such  municipal 
plants  as  the  people,  by  a  majority  vote,  may  decide  to  be  desirable, 
and  the  city  charter  should  be  easily  amendable  through  the  initiative 
and  referendum.  The  tendency  is  strongly  toward  the  municipal  owner- 
ship of  water  plants  and  lighting  plants. 

The  arguments  which  have  lead  peoi)le  to  favor  municipal  water 
and  lighting  plants  will  lead  them  to  favor  municipal  heating  ])lants,  mu- 
nicipal telephone  plants  and  municipal  street  car  systems. 

Your  constitution  shoud  be  clear  and  exi)licit  in  regard  to  railroads. 
An  elective  railway  commission  should  he  vested  with  power  to  i)rotect 
the  public  against  discrimination,   rebntes  and  extortionate  rates.     Ther.i 


CONVENTJON    OF   OKLAHOMA.  39ri 

is  uo  danger  of  giving  this  coiinuisaion  too  niucli  autliority,  for  the 
courts  can  correct  an\  of .  its  errors  on  appeal,  but  the  power  granted  to 
the  railway  commission  should  not  exclude  action  by  the  legislature.  The 
commission  should  have  the  ijowor  to  ascertain  the  present  value, 
measured  by  the  cost  of  reproduction,  of  all  railroads  now  operating  in 
the  state,  and  the  endorsement  of  the  commission  should  be  necessary 
before  any  new  stock  is  issued,  to  the  end  that  fictitious  capitalization 
may  be  prevented,  as  it  is  done  by  the  Texas  Law. 

The  capital  of  a  railroad  should  represent  money  actually  invested 
and  the  freight  and  passenger  rates  should  not  be  higher  than  necessary 
to  return  a  reasonable  dividend  upon  the  present  value  of  the  road.  All 
rates  and  classifications  should  be  submitted  to  the  board  before  they  go 
into  effect.  In  other  words,  while  the  rights  of  the  stockholders  of  the 
roads  should  be  carefully  protected  quasi-public  character  of  the  road 
should  always  be  borne  in  mind.  It  might  be  well  to  investigate  the 
operation  of  the  Connecticut  law  which  limits  the  earning  power,  or  at 
least  the  dividend  paying  power  of  the  main  road  of  that  state. 

Elevator  sites  and  private  tracks  should  also  be  under  the  super- 
vision of  the  railroad  commission  in  order  that  all  patrons  of  the  road 
may  have  equal  treatment.  The  elevator  monopolies,  working  in  league 
with  the  railroads,  have  despoiled  the  farmers  of  millions  of  dollars. 

Express  companies,  sleeping  car  companies,  telegraph  companies,  in- 
lerurban  electric  companies  and  interurban  telephone  companies  should 
all  be  treated  like  the  railroads  and  put  under  the  control  of  the  railway 
commission,  and  the  constitution  should  vest  in  the  legislature  or  in  the 
commission,  or  in  both  concurrently,  the  authority  to  exercise  any  con- 
trol necessary  for  the  most  ample  protection  of  the  public. 

The  lobbyist,  as  he  is  generally  known,  should  be  driven  from  the 
capitol.  No  man  should  be  permitted  to  act  as  attorney  or  agent  of  any 
corporation  or  individual  interested  in  legislation  until  he  registers  as 
such,  and  then  his  arguments  should  be  submitted  to  committees  rather 
than  to  individuals. 

The  legislature  should  be  given  plenary  power  in  matters  of  taxa- 
tion. It  should  be  authorized  to  collect  a  land  tax  (on  the  improved  or 
unimi)roved  value  of  land,  as  experience  may  prove  best,)  a  tax  on  per- 
sonal property,  on  franchises,  on  corporations,  on  incomes,  on  occupa- 
tions and  on  inheritance. 

Labor  is  deserving  of  special  consideration,  for  the  wage  earners  of 
the  city  and  the  farmers  in  the  country  produce  the  wealth  of  your  state 
and  to  a  great  extent  will  bear  its  burdens.  The  Legislature  should  be 
empowered  to  fix  the  length  of  the  working  day  on  state,  county  and 
municipal  work  and  to  ))rescribe  the  maximum  length  of  t^-^  '"^ntrac^  .lay 
as  between  private  individuals.  As  the  courts  have  sometimes  held  un- 
constitutional laws  which,  like  the  eight  hour  day  law,  have  attempted  to 


396  JOURNAL   OF    CONSTITUTIONAL 

limit  the  length  of  the  working  day,  I  hope  that  your  constitution  will 
specifically  confer  upon  the  legislature  authority  to  tlx  the  minimum 
age  at  which  children  may  be  employed  in  factories  and  the  maximum 
hours  at  which  adults  may  be  employed.  The  same  reasoning  that  jus- 
tifies a  law  protecting  the  borrower  from  an  extortionate  interest  con- 
tract, justifies  legislation  protecting  the  employe  from  excessive  hours. 

Arbitration  of  difference  between  labor  and  capital  ought  to  be  care- 
fully provided  for.  Where  an  employer  has  but  a  few  men  under  him 
and  comes  into  daily  contact  with  them,  the  personal  relations  which 
exist  between  them  insure  both  sides  against  injustice,  but  when  a  cor- 
poration employs  a  large  number,  neither  the  stockholders  nor  the 
directors,  nor  yet  the  superintendent,  comes  into  a  close  acquaintance 
with  the  employes  and  some  impartial  board  is  necessary  before  disputes 
may  be  brought.  While  the  subject  has  not  yet  gone  beyond  the  ex- 
perimental stage.  I  suggest  that  your  constitution  should  specifically 
authorize  the  legislature  to  create  such  a  board  and  bestow  upon  it  such 
power  as  may  be  necessary.  A  permanent  board  of  three  or  five,  tempor- 
arily increased  for  each  dispute  by  two  members,  one  designated  by  each 
side,  could,  I  believe,  almost  prevent  the  occurrence  of  strikes.  If  the 
board  has  power  to  institute  an  investigation  on  its  own  motion,  or  a*. 
the  request  of  either  party,  it  would  not  be  necessary  to  make  the  find- 
ing binding  upon  the  parties  because  public  opinion  would  compel  the 
acceptance  in  all  but  the  most  exceptional  cases. 

But  I  shall  conclude.  I  have  by  no  means  covered  the  entire  field 
which  you,  as  members  of  the  convention  will  be  compelled  to  traverse  and 
I  fear  I  have  given  you  little  that  is  new.  Where  I  have  used  the  word, 
"should"  you  will  please  understand  the  qualifying  words  "in  my  judg- 
ment," for  I  can  do  no  more  than  express  an  opinion  and  I  ask  for  that 
opinion  only  such  consideration  as  you  think  it  deserves.  With  the  earn- 
est hope  that  the  constitution  which  you  prepare  may  be  entirely  ac- 
ceptable to  your  constituents  and  that  each  delegate  to  the  convention 
may  look  back  to  his  record  with  increasing  pride,  I  am  with  greatest 
respect. 

Very  truly  yours, 

(Signed)   W.  J.   BRYAN. 


CONVENTION  OF  OKl.AHOMA.  397 


ELECTION     PKOCIiAMATIOX. 

To  the  Qualified  Voters  of  the  Proposed  State  of  Oklahoma: 

Whereas,  An  Act  of  Congress  entitled  "An  Act  to  enable  the  people 
of  Oklahoma  and  Indian  Territory  to  form  a  Constitution  and  State  Gov- 
ernment and  be  admitted  into  the  Union  on  an  equal  footing  with  the 
original  States;  and  to  enable  the  people  of  New  Mexico  and  Arizona  to 
form  a  Constitution  and  State  Government  and  be  admitted  into  the 
Union  on  an  equal  footing  with  the  original  States;"  approved,  the  16th 
day  of  June,  A.  D.,  1906;  and, 

Whereas,  By  the  terms  of  said  Act  "All  male  persons  over  the  age  of 
twenty-one  years,  who  are  citizens  of  the  United  States,  or  who  are  mem- 
bers of  any  Indian  Nation  or  Tribe  in  said  Indian  Territory  and  Oklahoma 
and  who  have  resided  within  the  limits  of  said  proposed  State  for  at 
least  six  months  next  preceding  the  election,  were  authorized  to  vote  for 
and  choose  Delegates  to  the  Constitutional  Convention  for  said  proposed 
State; 

Whereas,  Said  qualified  electors,  under  the  terms  of  said  Act,  com- 
monly known  as  the  Enabling  Act,  were  permitted  to  choose  Delegates 
from  Districts  formed  by  the  ordinance  as  provided  by  Section  No.  2  of 
said  act  in  compliance  with  said  Act  to  form  and  frame  a  Constitution 
and   State  Government;   and. 

Whereas,  In  pursuance  of  the  joint  proclamation  of  the  Governor  of 
Oklahoma  Territory  together  with  the  Judge  senior  in  service  of  the 
United  States  Courts  in  Indian  Territory,  Delegates  were  elected  and 
were  convened  in  Convention  in  the  City  of  Guthrie,  the  seat  of  Govern- 
ment for  the  Territory  of  Oklahoma,  on  the  twentieth  day  of  November, 
A.  D.,  1906,  pursuant  to  the  terms  of  said  Enabling  Act;  and, 

Whereas,  Said  Delegates  composing  said  Convention  were  duly  sworn 
by  the  Chief  Justice  of  the  Territory  of  Oklahoma,  and  organized  by 
electing  VVm.  H.  Murray,  Delegate  from  District  No.  104,  as  President  of 
said  Convention,  and  John  McClain  Young  as  Secretary  of  said  Conven- 
tion from  the  City  of  Lawton,  Oklahoma  Territory,  and,  after  said  organ- 
ization, said  Convention  on  behalf  of  the  people  of  said  proposed  State 
did  adopt  by  resolution  the  Constitution  of  the  United  States  as  pro- 
vided by  the  terms  of  said  Enabling  Act;  and  also  on  behalf  of  the  people 
of  said  proposed  State,  did  l)y  ordinance  irrevocable  accept  the  terms  and 
conditions  of  said  Enabling  Act,  and  did  adopt  a  Constitution  and  Gov- 
ernment for  said  proposed  State  of  Oklahoma,  republican  in  form,  and  in 
compliance  with  the  Enabling  Act  in  the  formation  thereof;    and; 

Whereas,  In  obedience  to  Section  Four  of  said  Enabling  Act,  the 
said  Convention  agreeable  to  the  rules  of  said  Convention,  and   in  com- 


398  JOURNAL   OF    CONSTITUTIONAL 

pliance  with  said  Enabling  Act,  did  provide  by  ordinance  for  submitting 
said  Constitution  to  tlie  qualified  voters  of  said  proposed  State  for  ratifica- 
tion or  rejection,  at  an  election  to  be  held  at  a  time  fixed  in  said  ordinance, 
to-wit:  August  6th,  A.  D.,  1907;  and  at  which  election  the  qualified 
voters  of  said  proposed  State  are  permitted  to  vote  directly  for  or  against 
the  proposed  Constitution  and  for  or  against  any  provision  separately 
submitted,  and  for  officers  for  State,  District,  County  and  Township  Gov- 
ernment, and  for  members  of  the  Legislature,  and  for  five  Representa- 
tives to  Congress;  said  ordinance  being  entitled  "An  Ordinance  providing 
for  an  election,  at  which  the  proposed  Constitution  of  the  proposed 
State  of  Oklahoma  shall  be  submitted  to  the  people  thereof  for  ratifica- 
tion or  rejection,  and  submitting  separately  to  the  people  of  the  pro- 
posed State  of  Oklahoma  the  proposed  Prohibition  article,  making  the 
terms  of  the  Enabling  Act  uniformly  applicable  to  the  entire  State,  for 
ratification  or  rejection,  and  for  the  election  of  certain  State,  District, 
County  and  Township  Officers  created  by  said  proposed  Constitution,  and 
for  the  election  of  members  of  the  Legislature  and  for  five  Representa- 
tives to  Congress,"  adopted  by  said  Convention  on  the  22nd  day  of  April, 
A.  D.,  1907,  which  said  ordinance  provides  in  express  terms  for  thesub- 
mission  of  said  Constitution  in  the  manner  aforesaid,  and  for  proclama- 
tion for  said  election  to  be  issued  within  twenty  days  thereafter  by  the 
Governor  of  the  Territory  of  Oklahoma,  together  with  such  other 
machinery  necessary  for  the  submission  of  said  Constitution  and  the 
election  of  Officers  aforesaid  to  form  a  State  Government,  and  did  pro- 
vide that  upon  the  failure  or  refusal  of  said  Governor  to  make  proclama- 
tion within  the  twenty  days  from  date  of  said  ordinance,  to  issue  said 
proclamation,  that  said  duties,  powers  and  responsibilities  as  provided  in 
said  ordinance  and  the  laws  governing  the  holding  of  elections  extended 
over  and  put  in  force  in  the  Indian  Territory,  said  duties,  obligations 
and  responsibilities  shall  devolve  upon  Wm.  H.  Murray  as  President 
of  said  Constitutional  Convention;    and. 

Whereas,  The  said  Governor  of  Oklahoma  Territory  has  failed  and 
refused,  and  still  fails  and  refuses,  though  demanded  so  to  do,  to  exer- 
cise the  powers,  functions  and  duties  devolved  upon  him  by  said  ordi- 
nance, and  to  make  proclamation  aforesaid;    and. 

Whereas,  A  Constitutional  Convention  is  a  body  with  highest  legis- 
lative functions,  together  with  modified  powers  of  the  executive  and 
judiciary,  and  that  such  Conventions  under  the  American  law  possess 
all  legislative  functions  which  are  not  denied  by  express  terms  or  by 
necessary  implication  by  the  Act  creating  said  Convention  and  by  the 
of  the  Constitution  of  the  United  States;  and 

Whereas,  Said  Constitution  has  accepted  all  terms  and  conditions  of 
said  Enabling  Act,  and  has  formed  a  Government  republican  in  form  and 


CONVENTION    OF   OKLAHOMA.  399 

in    conformity    and    agreeable   to    the    terms    of    the    Constitution    of    the 
United  States;  and. 

Whereas,  No  limitation  exists  upon  the  power  of  the  Convention  to 
provide  for  an  election  officer  for  the  proposed  State  of  Oklahoma,  and 
for  a  custodian  of  records  pending  the  holding  of  said  election;  and. 

Whereas,  There  has  not  been  created  by  Congress  any  such  or  other 
officer  of  the  proposed  State;   and, 

Whereas,  The  said  Wm.  H.  Murray,  as  President  of  said  Consti- 
tutional Convention,  was  designated,  in  the  absence,  refusal  or  failure 
of  said  Governor  of  Oklahoma  Territory  to  exercise  the  duties  and  func- 
tions for  the  proposed  State  and  to  make  due  proclamation;    and. 

Whereas,  When  in  the  course  of  events  of  a  sovereign  people,  that 
their  rights  shall  be  denied  by  those  in  authority  and  their  rights  are 
denied  under  the  laws  of  the  State  enacted  by  the  Federal  Congress 
exercising  the  attributes  of  national  power,  made  for  the  protection  of 
the  rights  of  life,  liberty,  property  and  the  pursuit  of  happiness,  are 
trampled  under  foot  by  those  in  authority  sworn  and  entrusted  with 
official  duty  correctly  to  construe  the  law  and  administer  the  same  impar- 
tially to  all  men; 

Now,  therefore,  I,  Wm.  H.  Murray,  as  President  of  the  Constitutional 
Convention,  by  authority  in  me  vested,  by  said  Constitutional  Conven- 
tion, composed  of  the  duly  accredited  representatives  of  the  sovereign 
citizenship  of  the  proposed  State  of  Oklahoma,  duly  elected  and  qualified, 
agreeable  to  the  terms  and  conditions  of  said  Enabling  Act,  and  the  Con- 
stitution of  the  United  States,  do  hereby  make  proclamation  for  an 
election  to  be  held  in  all  election  or  voting  precincts  in  all  the  Counties 
throughout  the  proposed  State  of  Oklahoma  and  to  all  of  the  qualified 
voters  thereof,  on  Tuesday,  the  6th  day  of  August,  A.  D.,  1907,  between 
hours  named  by  law,  at  which  election  the  qualified  voters  of  said  pro- 
posed State  of  Oklahoma,  in  manner  pointed  out  by  said  election  ordi- 
nance, and  agreeable  to  the  election  laws  of  the  Territory  of  Oklahoma, 
extended  to  and  put  in  force  in  the  Indian  Territory  and  made  a  part  of 
the  laws  of  the  proposed  State  of  Oklahoma,  are  hereby  authorized  to 
vote  directly  for  or  against  the  proposed  Constitution,  and  for  or  against 
the  article  entitled  "Prohibition"  separately  submitted,  and  providing  for 
State-wide  Prohibition  and  making  the  terms  of  the  Enabling  Act  uni- 
formly applicable  to  the  entire  State  relative  to  the  said  Prohibition 
question,  and  also  to  vote  for  and  choose  certain  State,  District,  County 
and  Township  Officers  created  and  authorized  and  made  elective  by  said 
proposed  Constitution  and  for  the  election  of  members  of  the  Legis- 
lature, and  for  five  Representatives  to  Congress,  to  form  and  constitute 
a  full  State  Government  as  contemplated  and  directed  by  said  Enabling 
Act,  and  the  County  Clerk  and  Board  of  County  Commissioners  in  each 
County  named  in  said  election  ordinance  shall  provide,  agreeable  to  said 


400  JOURNAL  OF  CONSTITUTIONAL 

election  ordinance,  for  liolding  elections  in  each  voting  precinct  in  each 
cl  the  proposed  counties  named  in  said  Constitution  and  make  returns 
agreeable  to  said  ordinance  and  the  election  laws  of  the  Territory  of 
Oklahoma,  extended  over  the  proposed  State  as  aforesaid,  in  duplicate 
form,  the  original  to  be  forwarded  to  the  Secretary  of  the  Territory  of 
Oklahoma,  at  the  seat  of  Government  thereof;  the  duplicate  copy  to  be 
forwarded  to  John  McClain  Young,  at  Lawton,  Oklahoma  Territory,  as 
Secretary  of  an  Advisory  and  Additional  State  Canvassing  Board.  And 
the  sovereign  citizenship  of  the  proposed  State  of  Oklahoma  are  hereby 
called  upon  to  exercise  said  citizenship  and  sovereignty  in  their  right  to 
frame  and  form  local  self-government,  as  guaranteed  to  them  by  the 
treaty  of  France  ceding  this  territory  to  the  United  States,  by  the  Decla- 
ration of  Independence,  by  the  Constitution  of  the  United  States,  and  by 
the  act  and  will  of  the  American  people  as  expressed  through  their  Repre- 
sentatives in  the  United  States  Congress  couched  in  terms  of  the  said 
Enabling  Act;    and, 

Whereas,  There  being  no  funds  with  which  to  print  the  ballots,  pur- 
chase and  provide  election  supplies,  clerk  hire,  or  conduct  said  election, 
I.  Wm.  H.  Murray,  as  President  of  said  Convention,  do  hereby  call  upon 
said  citizenship  to  contribute  to  the  said  expenses  by  forwarding  to  B. 
R.  Brundage,  of  Tishomingo,  Indian  Territory,  whom  the  undersigned  has 
appointed  Treasurer,  and  caused  to  execute  a  good  and  solvent  bond,  con- 
ditioned that  he  will  account  for  all  funds  coming  into  his  hands  from 
this  source,  and  simultaneously  with  the  transmittal  of  such  funds  to  such 
Treasurer,  forward  to  the  undersigned  a  statement  of  the  amount  for- 
warded to  the  said  B.  R.  Brundage,  that  I  may  correctly  check  and  audit 
?aid  accounts.  All  Boards  of  Countv  Commissioners  and  County  Clerks 
elected  by  the  Convention  and  named  in  such  election  ordinance  agreea- 
ble to  the  terms  of  the  election  laws  of  the  Territory  of  Oklahoma 
extended  to  amd  put  in  force  in  the  proposed  State  aforesaid,  and  the 
County  Clerks  and  Boards  of  County  Commissioners  of  the  organized 
Counties  of  the  Territory  of  Oklahoma  (and  recognized  by  the  Consti- 
tution) are  authorized  and  directed  as  named  in  said  election  ordinance 
to  perform  the  duties  as  designated  in  said  election  ordinance  agreeable 
to  the  terms  of  the  election  laws  of  the  Territory  of  Oklahoma  afore- 
said and  to  make  due  returns  thereof. 

Given  under  my  official  signature,  as  President  of  the  Constitutional 
Convention,  on  this  the  3rd  day  of  June,  A.  D.,  1907. 

WM.    H.    MURRAY, 

President    of    the    Constitutional    Convention    for    the    Proposed    State    of 
Oklahoma. 


CONVENTION    OF   OKLAHOMA.  401 

No    2154. 
IN   THE   SUPREME   COURT   OF    THE   TERRITORY   OF   OKLAHOMA, 

JUNE  TERM,   1907.      FILED  JUNE  25,   1907. 
Frank   Frantz,   W.    H.    Murray,   John    M.    Young,   C.    I.    Overstreet,    C.    H. 

Chowning,    C.   M.    Delzell,   M.    R.    Mansfield,    Charles   Bowman,    J.    C. 

Major,  I.  J.  Corwin,  and  Charles  B.  Powell,  Plaintiffs  in  Error, 
vs. 
G.  E.  Autry,  Defendant  in  Error. 

SYLLABUS. 

1.  A  constitution  is  the  written  instrument  by  which  the  funda- 
mental powers  of  the  government  are  established,  limited,  and  defined, 
and  by  which  those  powers  are  distributed  among  the  several  depart- 
ments for  their  safe  and  useful  exercise  for  the  benefit  of  the  body 
politic. 

2.  The  Constitutional  Convention  is  vested  with  the  power,  and 
charged  with  the  duty  and  responsibility  of  forming  a  Constitution  and 
State  Government;  and  in  the  performance  of  such  duties  it  exercises 
legislative  powers  and   functions. 

3.  The  Convention  has,  and  can  exercise  plenary  powers,  subject 
to  the  limitations  and  restrictions  that  the  Constitution  shall  be  repub- 
lican in  form,  that  it  shall  not  be  repugnant  to  the  Constitution  of  the 
United  States  and  the  principles  of  the  Declaration  of  Independence,  that 
no  distinction  shall  be  made  on  account  of  race  or  color,  and  that  the 
Convention  shall  by  ordinance  irrevocable  accept  all  the  terms  and  con- 
ditions in  the  Enabling  Act. 

4.  The  power  vested  in  the  Convention  to  form  a  State  Govern- 
ment clearly  implies  the  power  to  create  and  define  all  the  Counties  within 
the  limits  of  the  proposed  State,  the  only  limitation  upon  the  Convention 
in  this  respect  being  that  the  Osage  Indian  Reservation  shall  remain  a 
separate  County  until  the  lands  therein  are  allotted  in  severalty,  and  until 
changed  by  the  Legislature  of  the  State. 

5.  A  County  is  one  of  the  Territorial  divisions  of  the  State  created 
for  public  and  political  purposes  connected  with  the  administration  of 
the  State  Government. 

6.  Officers  for  a  full  State  Government,  under  the  terms  of  the 
Enabling  Act,  includes  not  only  State  oflicers  whose  powers  and  duties 
are  co-extensive  Avith  the  limits  of  the  State,  but  includes  all  the  officers 
provided  for  in  the  Constitution,  from  the  highest  to  the  lowest,  whose 
duties  are  In  any  manner  connected  with  the  administration  of  the 
State  Government. 

7.  Congress,  by  the  express  terms  of  the  Enabling  Act,  conferred 
the  power  and  authority  upon  the  Convention  to  pass  appropriate  ordi- 


4  02  JOURNAL  OF  CONSTITUTIONAL 

nances   for  submitting   the  Constitution   to  the  people  for  ratification   or 
rejection  at  an  election  to  be  held  at  a  time  fixed  in  said  ordinance. 

8.  An  ordinance,  as  used  in  this  Act,  means  a  law  which  is  essen- 
tial to  carrj'ing  into  effect  merely  the  objects  for  which  the  Convention 
was  created.  Such  an  ordinance,  when  once  adopted  by  the  Convention, 
has  the  force  and  effect  of  law. 

9.  A  Court  of  equitj'  has  no  power  or  jurisdiction  to  restrain  or 
enjoin  the  Constitutional  Convention,  its  Officers  or  Delegates  from 
exercising  any  of  the  rights,  powers,  and  obligations  confided  to  it  by 
Congress  or  the  people;  nor  can  the  powers  of  the  Court  be  invoked  to 
restrain  or  enjoin  the  submission  of  the  Constitution  or  any  proposition 
contained  therein  to  a  vote  of  the  people  in  advance  of  its  adoption  and 
ratification  by  the  people  and  its  approval  by  the  President  of  the 
United  States,  on  the  ground  that  the  proposed  Constitution  or  any  of 
its  provisions  is  unconstitutional,  or  that  the  Convention  acted  in  excess 
of  its  lawful  powers. 

10.  The  Constitution  of  the  United  States  guarantees  to  every  State 
a  republican  form  of  Government,  and  the  power  to  determine  whether 
the  Constitution  is  republican  in  form  is  primarily  a  Legislative  power, 
and  resides  in  Congress.  But  this  power  was  delegated  by  Congress  to 
the  President  of  the  United  States,  and  such  question  is  not  subject  to 
judicial  cognizance. 

Error  from  the  District  Court  of  Woods  County.  John  L.  Pancoast, 
Trial  Judge.     Reversed  and  Dismissed. 

W.  A.  Ledbetter,  and  Dale  &  Bierer  and  J.  F.  King,  for  Plaintiffs  in 
Error. 

W.  W.  S.  Snoddy,  and  H.  A.  Noah,  for  Defendant  in  Error;  Horace 
Speed,  of  Counsel. 

STATEMENT  OF  THE  CASE. 

On  June  16,  1906,  the  Congress  of  the  United  States  passed  an 
Act  entitled  "An  Act  to  enable  the  people  of  Oklahoma  and  of  the  Indian 
Territory  to  form  a  Constitution  and  State  Government  and  be  admitted 
into  the  Union  on  an  equal  footing  with  the  original  States,"  etc.,  U.  S. 
Stats.    L.   59th  Congress,  Chap.   333b. 

Under  and  in  conformity  with  the  provisions  of  this  Act,  members 
of  the  Constitutional  Convention  were  elected,  and  the  Convention  was 
duly  organized,  W.  H.  Murray  being  elected  its  President,  and  John  M. 
Young    its    Secretary. 

Thereupon  the  Convention  proceeded  to  the  forming  of  a  Constitu- 
tion and  State  Government,  and  an  ordinance  for  the  submission  of  the 
same  to  the  qualified  voters  of  the  proposed  State  of  Oklahoma  for  rati- 
fication or  rejection,  August  6,  1907,  being  the  date  fixed  by  said  ordi- 
nance for  the  holding  of  such  election,  and  which  ordinance  also  pro- 
vided for  the  election  of  all  State,  District,  County,  and  Township  Officers, 


CONVENTION    OF   OKLAHOMA.  403 

including    the    members   of    tlie    Legislature    and    five    Representatives    to 
Congress. 

It  was  also  provided  that  within  twenty  days  after  the  adoption  of 
such  Constitution  and  ordinance  by  the  Constitutional  Convention,  which 
was  done  on  April  22,  1907,  the  Governor  of  Oklahoma  should  issue  a 
proclamation  calling  an  election  for  the  sixth  day  of  August,  1907,  in  the 
manner  prescribed  by  said  ordinance;  and  that  if  the  Governor  should 
fail  or  neglect  to  call  such  election,  then  the  President  of  the  Constitu- 
tional Convention  was  authorized  to  issue  such  proclamation. 

Woods  and  Woodward  Counties  are  organized  and  existing  Counties 
of  the  Territory  of  Oklahoma,  and  have  been  such  since  the  opening  of  the 
Cherokee  Outlet  to  settlement  in  1893,  each  of  said  Counties  having  a 
full  complement  of  County,  Township,  and  City  Officers.  It  is  proposed 
by  the  Constitutional  Convention,  by  one  of  the  provisions  of  the  Con- 
stitution, to  divide  the  territory  which  has  heretofore  composed  Woods 
County  into  three  parts,  a  portion  of  the  eastern  part  of  said  County  being 
designated  and  established  as  Alfalfa  County,  a  portion  of  the  southern 
part  as  Major  County,  and  the  remainder  of  said  County  of  Woods, 
together  with  several  Congressional  Townships  taken  from  Woodward 
County,  is  designated  as  Woods  County.  This  action  of  the  Convention 
provides  for  the  establishment  of  two  entirely  new  Counties,  to-wit: 
Alfalfa  and  Major,  which  do  not,  at  the  present  time,  exist  as  Counties 
in  the  Territory  of  Oklahoma. 

By  the  terms  and  provisions  of  the  election  ordinance,  three  persons 
are  named  and  appointed  as  County  Commissioners,  and  one  person  as 
County  Clerk,  for  each  of  said  Alfalfa  and  Major  Counties.  The  Counties 
are  divided  into  Municipal  Townships  and  Commissioners'  Districts,  to 
conform  to  such  divisions  in  the  other  Counties  of  Oklahoma,  and  it  is 
further  provided  in  said  ordinance  that: 

"Said  County  Commissioners  shall  on  or  before  the  8th  day  of  June, 
A.  D.,  1907,  divide  or  designate  the  Townships  of  their  respective  Coun- 
ties into  election  precincts  and  establish  the  boundaries  of  the  same, 
and  shall  designate  a  polling  place  in  each  precinct,  and  appoint  all  neces- 
sary inspectors  of  election  In  the  several  precincts,  whose  duties  shall  be 
the  same  as  inspectors  of  election  under  the  laws  of  the  Territory  of 
Oklahoma,  and  shall  also  perform  all  other  duties  required  to  be  done  or 
performed  by  the  Boards  of  County  Commissioners  pertaining  to  elections 
under  the  laws  of  the  Territory  of  Oklahoma  for  elections  therein,  and 
shall  perform  all  other  duties  or  acts  necessary  to  the  conduct  of  said 
elections." 

This  action  was  commenced  in  the  District  Court  of  Woods  County 
by  G.  E.  Autrj',  a  taxpayer  and  member  of  the  Board  of  County  Com- 
missioners of  said  County,  against  Frank  Frantz,  Governor  of  Oklahoma, 
and  W.  H.   Murray,  President  of  the  Constitutional  Convention,  John  M. 


4  04  JOURNAL  OF  CONSTITUTIONAL, 

Young,  SecretaiT  thereof,  and  the  other  defendants  as  the  said  desig- 
nated Countj^  Commissioners  and  County  Clerics  of  the  Counties  of 
Alfalfa  and  Major,  to  enjoin  the  said  Frank  Frantz,  W.  H.  Murray,  and 
John  M.  Young  from  issuing  or  publishing  any  proclamation  in  which  said 
proclamation  it  is  proposed  to  submit  to  the  electors  of  the  proposed 
State  of  Oklahoma,  either  as  a  part  of  the  proposed  Constitution  or  as 
a  separate  ordinance,  any  clause  or  provision  dividing  or  purporting  to 
divide  Woods  County,  or  changing  or  in  anywise  interfering  with  any 
township  or  precinct  therein,  and  to  enjoin  and  restrain  the  said  C.  I. 
Overstreet,  C.  H.  Chowning,  C.  M.  Delzell,  M.  R.  Mansfield,  Charles 
Bowman.  J.  C.  Major.  I.  J.  Corwin  and  Charles  B.  Powell  from  in  any- 
wise interfering  with  or  usurping  or  attempting  to  usurp  any  of  the 
duties  of  the  County  Commissioners  or  County  Clerk,  or  any  or  either 
of  them,  of  the  County  of  Woods,  in  or  about  the  said  proposed  election 
or  any  of  the  preparations  therefor,  at  or  in  any  part  of  the  Territory 
of  the  County  of  Woods  as  now  described  and  existing,  and  from  in  any- 
wise acting  or  attempting  to  act  in  any  capacity  or  to  any  extent  in  any 
election  to  be  held  in  the  said  pretended  Counties  of  Alfalfa  and  Major, 
or  either  of  them. 

In  the  absence  of  the  District  Judge  from  the  County,  application 
was  presented  to  the  Probate  Judge  of  Woods  County,  and  a  temporary 
order  of  injunction  was  granted  as  prayed  for  in  the  plaintiff's  petition. 

Defendants  in  the  Court  below,  appellants  here,  interposed  a  demur- 
rer to  the  petition,  for  and  upon  the  grounds  that  the  plaintiff  had  no 
legal  capacity  to  sue;  that  the  Court  had  no  jurisdiction  of  the  subject 
matter  of  the  action;  and  that  the  petition  did  not  state  facts  sufficient  to 
constitute  a  cause  of  action.  At  the  same  time  a  motion  to  dissolve  the 
temporary  injunction  was  filed,  for  the  reasons  and  upon  the  grounds 
above  stated,  and  in  addition  thereto  alleging  that  the  defendants  and 
each  of  them  are  only  attempting  to  perform  those  acts  and  duties  legally 
Imposed  upon  them  by  the  ordinance  of  the  Constitutional  Convention,  and 
that  the  Convention  organized  under  the  laws  of  Congress  has  legal  power 
and  authority  to  provide  by  ordinance  for  the  performance  of  the  duties 
which  are  imposed  upon  them. 

Upon  the  presentation  and  hearing  of  the  demurrer  and  the  motion 
to  dissolve  the  temporary  injunction,  the  Court  overruled  the  same,  and 
held:  That  the  plaintiff  had  the  legal  ca])acity,  as  a  citizen  and  tax- 
payer, to  maintain  this  action;  that  the  Constitutional  Convention  had  no 
powers  conferred  upon  it,  except  powers  as  are  expressly  conferred  upon 
it  by  the  Enabling  Act,  and  such  powers  as  are  incidentally  necessary  to 
carry  into  effect  the  objects  and  purposes  of  such  Act;  and  denied  the 
power  of  the  Convention  to  divide  Woods  County,  and  create  new  counties 
thereof,  and  that  the  Convention,  in  that  respect,  acted  beyond  its  express 
or  implied  powers;  and  further  held  thai  the  Convention  had  no  power  to 


CONVENTION    OF   OKLAHOMA.  405 

provide  for  the  election  of  County  or  Townsliiy  Oflicers  at  the  time  the 
Constitution  is  submitted  to  the  voters  of  the  proposed  State  of  Oklahoma 
for  their  ratification  or  rejection. 

The  defendants  thereupon  filed  a  general  denial,  and  the  cause  was 
submitted  to  the  Court  on  an  agreed  statement  or  lacts  practically  as 
above  stated,  and  the  Court  thereupon  rendered  the  following  final  judg- 
ment in  said  cause: 

"Now,  on  this  8th  day  of  May,  1907,  the  parties  to  the  above 
entitled  cause  appeared  in  open  Court,  by  their  respective  attorneys,  and 
paid  cause  was  presented  to  the  Court  upon  the  motion  of  the  defendants 
to  dissolve,  vacate  and  set  aside  the  temporary  injunction  herein,  and 
upon  the  demurrer  to  the  plaintiff's  petition. 

Said  cause  was  duly  argued  and  fully  presented  and  by  the  Court 
taken  under  advisement  until  the  13th  day  of  May,  1907. 

Thereupon,  on  the  13th  day  of  May,  1907,  the  parties  all  appeared 
by  their  respective  counsel  as  heretofore,  and  the  Court,  being  duly 
advised  in  the  premises,  finds  that  the  said  motion  to  dissolve  the  tem- 
porary injunction  should  be  overruled,  and  also  the  demurrers  presented 
to  the  plaintiff's  petition  should  each  be  overruled;  to  each  and  all  of 
which  rulings  the  defendants  and  each  of  them  duly  excepted. 

Thereupon,  by  leave  of  Court,  the  defendants  filed  their  answer 
herein  and  the  plaintiff  filed  and  presented  his  motion  to  strike  out  the 
second  paragraph  of  said  answer,  which  motion  being  duly  presented,  was 
by  the  Court  overruled;    to  which  the  plaintiff  excepted.  ^ 

'thereupon  said  cause  was  duly  presented  and  submitted  to  the  Court 
for  final  determination  and  judgment  upon  the  agreed  statement  of  facts 
and  the  evidence  offered,  and  upon  such  submission  the  Court,  after  due 
consideration,  finds  all  of  the  issues  in  favor  of  the  plaintiff  and  against 
the  defendants  and  each  of  them;  to  which  the  defendants  and  each  of 
them  duly  excepted. 

It  is,  therefore,  by  the  Court  considered,  ordered  and  adjudged  that 
the  demurrers  of  the  defendants  and  each  of  them  separately  be,  and  the 
&ame  are  hereby  overruled;  to  which  the  defendants  and  each  of  thom  duly 
except. 

It  is  further  considered,  ordered  and  adjudged  by  the  Court  that 
the  motions  of  the  defendants  and  each  of  them  separately,  to  vacate  aad 
set  aside  the  temporary  injunction  heretofore  granted  be,  and  the  same 
is  by  the  Court  hereby  overruled;  to  which  the  defendants  and  each  of 
them  separately  duly  except. 

It  is  further  by  the  Court  considered,  ordered  and  adjudged  that 
the  temporary  injunction  heretofore  granted  herein  be  and  the  same  is 
hereby  made  perpetual,  and  that  the  defendants,  Frank  Frantz,  W.  H. 
Murray  and  John  M.  Young,  be  and  they  are  hereby  enjoined  and 
restrained    from    issuing   or  publishing  any   proclamation   in   or  by   which 


406  JOURNAL  OF  CONSTITUTIONAL 

said  proclamation  it  is  proposed  to  submit  to  the  electors  of  the  proposed 
State  of  Oklahoma,  either  as  a  part  of  the  proposed  Constitution  for  said 
State  of  Oklahoma  or  as  a  separate  ordinance,  any  clause,  provision  or 
proposition  dividing  or  pretending  to  divide  Woods  County,  in  said  Ter- 
ritory of  Oklahoma,  or  changing  or  pretending  to  change  the  lines  and 
boundaries  of  the  said  County,  or  making  or  purporting  or  pretending  to 
make  or  describe  or  bound  any  new  County  or  Counties  out  of  any  part 
of  the  present  territory  of  the  said  Woods  County,  or  changing  or  in  any- 
wise interfering  with  the  said  County  or  the  lines  thereof  or  any  Town- 
ships or  Precincts  therein,  or  any  or  either  of  the  lines  of  .the  said  Town- 
ships or  Precincts;  and  enjoining  and  restraining  the  said  C.  I.  Overstreet, 
C.  H.  Chowning,  C.  M.  Delzell,  M.  R.  Mansfield,  Charles  Bowman,  J.  C. 
Major,  I.  J.  Corwin  and  Charles  B.  Powell  from  in  anywise  interfering 
with  any  of  the  duties  of  the  County  Commissioners  or  County  Clerk,  or 
any  or  either  the^;eof,  of  the  said  County  of  Woods,  in  or  about  the 
election  proposed  to  be  held  in  said  County  on  the  sixth  day  of  August, 
1907,  and  from  in  anywise  interfering  with  the  duties  of  the  said  County 
Commissioners  or  County  Clerk  of  said  County  of  Woods,  as  the  same 
is  now  described  and  exists,  in  any  of  the  preparations  of  any  kind  or 
character  for  said  election,  and  enjoining  and  restraining  them  from  act- 
ing or  attempting  to  act  in  any  capacity  or  to  any  extent  in  any  election  to 
be    upheld    in    the    pretended    Counties    of    Alfalfa    or    Major,    or    either 

thereof,  and  that  the  defendants  pay  the  costs  herein,  taxed  at 

Dollars;  to  all  and  each  part  of  which  the  defendants  and  each  of  them 
duly  except. 

Thereupon  the  defendants  and  each  of  them  separately  present  their 
motion  for  a  new  trial  of  said  cause;  which  motion  is  by  the  Court,  after 
due  consideration  overruled;  to  which  the  defendants  and  each  of  them 
duly  except. 

Thereupon,  on  application  of  the  defendants  and  each  of  them,  for 
good  cause  shown,  the  Court  extends  the  time  for  making  and  serving 
case  made  herein,  and  the  defendants  are  given  ten  days  from  this  date 
in  which  to  make  and  serve  case  made  for  the  Supreme  Court,  and  the 
plaintiff  is  given  three  days  after  service  of  said  case  made  in  which  to 
suggest  amendments  thereto,  said  case  made  to  be  settled  on  two  days' 
notice  in  writing." 

And  the  defendants  bring  the  case  to  this  Court  for  review  of  the 
said  judgment. 

A  certified  copy  of  the  election  ordinance,  as  incorjjorated  in  the 
record,  is  hereby  made  a  part  of  this  statement  of  facts,  and  is  as  fol- 
lows,  to-wit: 

ELECTION  ORDINANCE. 
An  Ordinance,  Providing  for  an  election  at  which  tne  proposed  Constitu- 
tion  for  the  proposed   State  of   Oklahoma   shall   be   submitted   to  the 


CONVENTION    OF   OKLAHOMA.  407 

people    thereof    for    ratification    or    rejection,    and    submitting    sepa- 
rately to  the  people  of  the  proposed  State  of  Oklahoma  the  proposed 
Prohibition   Article   making  substaniially  the  terms  of  the  Enabling 
Act  uniformly  applicable  to  the  entire  State  for  ratification  or  rejec- 
tion, and  for  the  election  of  certain  State,  District,  County  and  Town- 
ship Officers  provided  for  by  said  proposed  Constitution,  and  for  the 
election   of   Members    of   the   Legislature    of   said   proposed    State   of 
Oklahoma,  and  five  Representatives  to  Congress. 
Be  It  Ordained,  By  the  Convention  assembled  to  form  a  Constitution  and 
State  Government  for  the  proposed  State  of  Oklahoma: 
Section  1.      That  in  compliance  with  an  Act  of  the  Congress  of  the 
United  States  of  America,  entitled,  "An  Act  to  enable  the  people  of  Okla- 
homa and  of  the  Indian  Territory  to  form  a  Constitution  and  State  Gov- 
ernment and  be  admitted   into  the  Union   on  an  equal   footing  with  the 
original  States;   and  to  enable  the  people  of  New  Mexico  and  of  Arizona 
to  form  a  Constitution  and  State  Government  and  be  admitted  into   the 
Union  on  an  equal  footing  with  the  original   States,"   approved  June  16, 
190  6,  hereinafter  mentioned  and  referred  to  as  the  Enabling  Act,  and  by 
virtue  thereof,  an  election  is  hereby  called  and  shall  be  held  on  the  sixth 
day  of  August,  in  the  year  of  our  Lord,  one  thousand  nine  hundred  and 
seven,  in  all  of  the  voting  precincts  at  said  time,  in  the  proposed  State  of 
Oklahoma,  for  the  purpose  of  submitting  to  the  people  thereof  the  ques- 
tion of  the  ratification  or  rejection  of  the  Constitution  framed  and  adopted 
by    this    Convention    lor   said    proposed   State   of   Oklahoma,    and   for   the 
adoption  or  rejection  of  all  questions  therewith  separately  submitted,  and 
at  which  election   the   qualified  voters  of  said   proposed  State  shall  vote 
directly  for  or  against  the  proposed  Constitution,  and  for  or  against  any 
provisions  separately  submitted.     Said  election  shall,   in   all  respects,  be 
held  and  conducted  in  the  manner  required  by  the  laws  of  the  Territory  of 
Oklahoma  for  elections  therein,   when  not  in  conflict  with  the   Enabling 
Act,    and    as    supplemented   by   this   Ordinance,    and    the    returns   of   said 
election  shall   be   made  to  the   Secretary    of   the   Territory  of  Oklahoma, 
who,  with  the  Chief  Justice  thereof,  and  the  senior  Judge  of  the  United 
States  Court  of  Appeals  for  the  Indian  Territory,  shall  canvass  the  same, 
and  if  a  majority  of  the  legal  votes  cast  on  that  question  shall  be  for  the 
Constitution,  the  Governor  of  Oklahoma  Territory  and  the  Judge  senior 
in  service  of  the  United  States  Court  of  Appeals  for  the  Indian  Territory 
shall  certify  the  result  to   the  President  of  the   United   States,    together 
with  the  statement  of  the  votes  cast  thereon,  and  upon  separate  articles 
or  propo;;itions,  and  a  copy  of  said  Constitution,  articles,  propositions,  and 
ordinances,    and    in    all    respects      comply    with    the    provisions    of    said 
Enabling  Act. 

Section   2.      On  the  same  day  of  the  election  for  the  ratification  or 
rejection  of  said  Constitution,   there  shall  bo  held  by  the  qualified  voters 


408  JOURNAL  OF  CONSTITUTIONAL 

for  the  proposed  State,  in  accordance  with  the  election  laws  of  the  Ter- 
ritory of  Oklahoma  when  not  in  conflict  with  the  Enabling  Act  and  as 
supplemented  by  this  Ordinance,  an  election  for  Officers  for  a  full  State 
Government,  including  all  the  elective  State,  District,  County  and  Town- 
ohip  Officers,  provided  for  by  the  provisions  of  said  Constitution,  members 
of  the  Legislature  and  five  Representatives  to  Congress,  and  an  election 
is  hereby  called  for  said  day  and  for  such  purposes.  The  ballots  used  in 
voting  for  said  Officers  shall  be  prepared,  printed,  furnished  and  dis- 
tributed as  required  by  the  laws  of  the  Territory  of  Oklahoma  for  elections 
therein.  The  returns  of  said  election  shall  be  made  as  in  this  Ordinance 
provided. 

In  the  Counties  of  Beaver,  Blaine,  Caddo,  Canadian,  Cleveland, 
Comanche,  Custer,  Dewey,  Garfield,  Grant,  Greer,  Kay,  Kingfisher,  Kiowa, 
Lincoln,  Logan,  Noble,  Oklahoma,  Paw^nee,  Payne,  Pottawatomie,  Roger 
Mills,  Washita,  Woods  and  Woodward,  as  defined  and  described  in  said 
Constitution,  said' elections  shall  be  held  and  conducted  by  the  local 
authorities  in  their  respective  Counties  and  voting  Precincts,  in  the  same 
manner  as  now  required  by  the  laws  of  the  Territory  of  Oklahoma  for 
elections  therein. 

In  the  Counties  of  Beaver,  Caddo,  Comanche,  Greer,  Payne,  Roger 
Mills,  and  Woodward,  the  local  authorities  in  said  respective  Counties, 
and  the  voting  Precinct  therein,  shall  exercise  their  functions  and  perform 
their  duties  as  such  election  officers  only  within  the  limits  of  said  Counties 
as  defined  and  described  in  the  Constitution. 

In  the  County  of  Noble,  the  local  authorities,  in  the  exercise  of  their 
functions  and  the  performance  of  their  duties  as  election  officers,  shall 
exercise  and  extend  the  same  to  the  limits  of  said  County  as  defined  by 
the  Constitution. 

Section  3.  In  the  Counties  of  Adair,  Alfalfa,  Atoka,  Beckham,  Bryan, 
Carter,  Cherokee,  Choctaw,  Cimarron,  Coal,  Craig,  Creek,  Delaware,  Ellis, 
Garvin,  Grady,  Harper,  Haskell,  Hughes,  Jackson,  Jenerson,  Johnston, 
Latimer,  Le  Flore,  Love,  Major,  Marshall,  Mayes,  Murray,  Muskogee, 
McClain,  McCurtain,  Mcintosh,  Nowata,  Okfuskee,  Okmulgee,  Osage, 
Ottawa,  Pittsburg,  Pontotoc.  Pushmataha,  Rogers,  Seminole,  Sequoyah, 
Stephens,  Texas,  Tillman,  Tulsa,  Wagoner  and  Washington,  the  local 
officers  and  authorities  provided  for  in  this  Ordinance,  shall  exercise  all 
the  functions  and  perform  all  the  duties  within  the  limits  of  such  Counties, 
Townshi])s  and  voting  Precincts  in  the  same  manner  as  is  now  required  by 
the  laws  of  the  Territory  of  Oklahoma  for  elections  therein. 

Section  4.  That  the  Counties  hereinafter  named  be  and  they  are 
hereby  divided  into  the  following  described  and  numbered  Commissioners' 
Districts  and  the  following  described  and  numbered  or  named  Municipal 
Townships. 

Section    5.      Any    Board    of   County    Commissioners   or   a   majority    of 


CONVENTION   OP   OKLAHOMA.  409 

such  Board,  shall  have  the  power  at  any  time  prior  to  the  first  day  oi 
June,  Anno  Domini,  nineteen  hundred  and  seven,  to  change  the  boundaries 
of  any  Municipal  Township  or  Commissioner's  District,  fixed  by  this 
Ordinance,  and  it  is  especially  provided  that  the  boundaries  of  such  Town- 
:ship  and  Commissioner's  District,  after  August  Gth,  nineteen  hundred  and 
Bwven,  may  be  changed  in  the  manner  as  provided  by  the  laws  of  the  Ter- 
ritory of  Oklahoma  for  the  changing  of  such  boundaries;  Provided,  such 
changes  of  boundary  lines  as  to  Municipal  Townships  and  Commissioner's 
Districts,  if  made  prior  to  June  1st,  A.  D.,  nineteen  hundred  and  seven, 
(and  no  change  as  to  boundaries  whatever  shall  be  made  during  the  time 
intervening  between  the  first  day  of  June,  A.  D.,  nineteen  hundred  and 
seven,  and  the  6th  day  of  August,  A.  D.,  nineteen  hundred  and  seven) 
shall  not  operate  to  change  any  polling  places  or  to  destroy  any  voting 
Precinct. 

Section  6.  In  each  of  the  Counties  of  Greer,  Beaver,  Woods,  Wood- 
ward, and  Comanche,  (and  any  other  County  in  the  proposed  State  sim- 
ilarly situated)  as  defined  and  described  in  this  Constitution,  on  or  before 
the  sixth  day  of  June,  A.  D.,  nineteen  hundred  and  seven,  the  acting 
Board  of  County  Commissioners  therein  or  a  majority  thereof,  shall 
subdivide  each  County  or  Counties  into  Commissioner's  Districts  and 
Townships,  and  fix  election  Precincts,  designate  polling  places,  necessary 
for  the  purpose  of  the  election  herein  provided  for.  And  should  such 
Commissioners  fail  to  comply  with  the  provisions  of  this  Section  by  said 
date,  Wm.  H.  Murray,  as  President  of  this  Convention,  shall  within  five 
days  thereafter,  appoint  three  qualified  electors  in  each  of  such  Counties, 
not  more  than  two  of  whom  shall  belong  to  any  one  political  party,  to 
divide  such  County  or  Counties  into  Commissioner's  Districts  and  Town- 
ships, and  fix  election  Precincts,  and  designate  polling  places  for  such 
purposes. 

Section  7.  Said  County  Commissioners  shall  on  or  before  the  eighth 
day  of  June,  A.  D.,  1907,  divide  or  designate  the  Townships  of  their 
respective  Counties  into  election  Precincts  and  establish  the  boundaries 
of  the  same,  and  shall  designate  a  polling  place  in  each  Precinct,  and 
appoint  all  necessary  inspectors  of  election  in  the  several  Precincts,  whose 
duties  shall  be  the  same  as  inspectors  of  election  under  the  laws  of  the 
Territory  of  Oklahoma,  and  shall  also  perform  all  other  duties  required 
to  be  done  or  performed  by  the  boards  of  County  Commissioners  per- 
taining to  elections  under  the  laws  of  the  Territory  of  Oklahoma  for 
elections  therein,  and  shall  perform  all  other  duties  or  acts  necessary  to 
the  conduct  of  said  election. 

Section  8.  That  the  election  laws  of  the  Territory  of  Oklahoma  now 
In  force,  as  far  as  applicable  and  not  in  conflict  with  the  Enabling  Act, 
including  the  penal  laws  of  said  Territory  relating  to  election  and  illegal 
voting,    are  hereby    extended    and    put    in    force   throughout   the   proposed 


410  JOURNAL  OF  CONSTITUTIONAL 

State  of  Oklahoma  until  the  Legislature  of  said  proposed  State  shall  other- 
wise provide,  and  until  all  persons  offending  against  said  laws  in  the 
election  aforesaid,  shall  have  been  dealt  with  in  the  manner  therein  pro- 
vided, and  the  Courts  of  said  State  shall  have  power  to  enforce  said  laws 
In  the  same  manner  as  other  criminal  laws  of  said  State. 

Section  9.  On  the  Friday  following  the  election  provided  for  in  this 
ordinance,  the  County  Clerk  and  the  Commissioners  of  each  County  of 
said  proposed  State,  or  a  majority  of  said  Commissioners,  shall  meet  ai 
the  office  of  said  Clerk  at  ten  o'clock  a.  m.,  of  said  day,  and  shall  pro- 
ceed to  canvass  the  several  returns  which  have  been  made  to  that  office 
and  determine  the  persons  who  have  received  the  greatest  number  of 
votes  in  the  County  for  the  several  County,  Township,  District  and  State 
Offices,  Members  of  the  Legislature  and  Representatives  to  Congress,  and 
such  findings  shall  be  reduced  to  writing  and  signed  by  said  Commis- 
sioners and  attested  by  the  Clerk  and  shall  be  annexed  to  the  abstract 
given  for  such  officers.  If  any  two  or  more  persons  have  an  equal  number 
of  votes  for  the  same  office  and  a  higher  number  than  any  other  person, 
the  Commissioners  aforesaid  shall  proceed  to  determine  by  lot  which  of 
the  two  candidates  shall  be  elected.  As  soon  as  the  Commissioners  have 
determined  the  person  who  has  received  the  highest  number  of  votes  for 
any  office,  the  County  Clerk  shall  make  out  abstracts  of  the  votes  in  the 
following  manner:  i- irst,  the  abstract  of  votes  for  State  and  District 
Officers  and  Members  of  the  Legislature  on  one  sheet;  second,  the  abstract 
of  votes  for  Representatives  to  Congress,  on  one  sheet,  and  third,  the 
abstract  of  votes  for  County  and  Township  Officers  on  one  sheet,  and 
fourth,  an  abstract  of  the  votes  cast  for  or  against  the  proposed  Consti- 
tution and  for  or  against  articles  separately  submitted,  which  abstracts 
being  certified  and  signed  by  the  County  Clerk  shall  be  deposited  in  his 
office  and  certified  copies  of  abstracts  for  State  and  District  Officers,  Mem- 
bers of  the  Legislature  and  Representative  to  Congress,  shall  be  placed  in 
separate  evelopes,  endorsed  and  directed  to  the  Secretary  of  th  Terri- 
tory of  Oklahoma  and  forwerded  immediately  by  mail.  The  failure  of 
the  Clerk  to  affix  his  seal  to  any  such  certificate  shall  not  invalidate  the 
returns.  And  said  Commissioners  of  each  County  in  said  proposed  State 
or  a  majority  thereof  shall,  at  said  time  and  place,  also  proceed  to  canvass 
the  returns  which  have  been  made  to  the  office  of  the  County  Clerk  of  the 
election  held  to  ratify  or  reject  the  Constitution  or  any  provision  sepa- 
rately submitted,  and  reduce  the  result  of  said  canvass  to  writing,  which 
shall  be  signed  by  said  Connnissioners  and  attested  by  the  Clerk,  and  the 
Clerk  shall  make  an  abstract  of  the  votes  cast  for  or  against  the  ratifica- 
tion of  said  proposed  Constitution,  on  one  sTieet  and  for  or  against  any 
provision  separately  submitted,  on  one  sheet,  which  abstract  being  signed 
and  certified  by  the  County  Clerk  shall  be  deposited  in  his  office  and  cer- 
tified copies  thereof,  under  his  official  seal,  shall  be  placed  in  a  separate 


CONVENTION    OF    OKLAHOMA.  411 

envelope,   endorsed   and  directed   to  the  Secretary  of  Oklalionia,   and   for- 
warded immediately   by  mail. 

The  said  County  Clerk  shall  immediately  make  out  in  pursuance  oi'  th<; 
determination  of  said  County  Commissioners,  a  certificate  of  election  for 
any  person  receiving  the  highest  number  of  votes  for  any  office  or  in  case 
of  a  tie  who  have  been  decided  by  lot,  to  have  been  elected  and  deliver  the 
Bame  to  the  person  entitled  thereto  upon  his  making  application  therefor. 
The  Governor  of  the  Territory  of  Oklahoma,  the  Secretary,  the 
Auditor,  Treasurer  and  Attorney  General  of  said  Territory,  or  any  three 
of  them  shall  constitute  the  State  Canvassing  Board  for  the  proposed  State 
of  Oklahoma.  The  Secretary  of  the  Territory  of  Oklahoma  upon  the 
receipt  of  the  certified  abstracts  of  the  votes  given  in  the  several  Counties, 
directed  to  be  sent  to  him,  shall  proceed  to  open  the  same  and  shall  record 
the  same  in  a  suitable  book  to  be  kei)t  for  the  purpose,  and  shall  file  and 
carefully  preserve  them  in  his  office  together  with  the  original  envelopes 
in  which  they  were  enclosed.  If  from  any  County  no  such  abstract  of 
votes  shall  have  been  received  within  ten  days  after  the  election  afore- 
said by  the  Secretary  of  the  Territory  of  Oklahoma,  he  shall  dispatch  a 
special  messenger  to  obtain  a  copy  of  the  same  from  the  County  Clerk  of 
such  County,  and  such  Clerk  shall  immediately  on  demand  of  said  mes- 
senger make  out  and  deliver  to  him  the  copy  required,  which  copy  of  the 
abstract  of  votes  aforesaid,  the  messenger  shall  deliver  to  the  Secretary  of 
the  Territory  of  Oklahoma  without  delay;  the  expense  of  said  messenger 
to  be  paid  by  the  County  Clerk  failing  to  make  such  return. 

For  the  purpose  of  canvassing  the  result  of  the  election  the  State 
Board  of  Canvassers  for  the  proposed  State  of  Oklahoma  shall  meet  at 
the  office  of  the  Secretary  of  the  Territory  of  Oklahoma,  within  thirty  days 
after  said  election,  where  they  shall  open  the  certified  abstracts  on  file 
in  the  office  of  the  Secretary  of  the  Territory  of  Oklahoma  and  i)roceed 
(o  examine  and  make  statements  of  the  whole  number  of  votes  given  or 
cast  at  said  election  for  State  and  District  Officers  and  Members  of  the 
Legislature  and  Representatives  to  Congress,  which  statement  shall  show 
the  names  of  the  persons  to  whom  such  votes  shall  have  been  given  for 
each  of  the  said  officers  and  the  whole  number  given  to  each,  distinguish- 
ing the  several  Districts  and  Counties  in  which  they  were  given.  They 
shall  certify  said  statements  to  be  correct  and  shall  subscribe  their  names 
thereto  and  shall  determine  what  persons  shall  have  been  by  the  greatest 
number  of  votes  duly  elected  to  such  offices,  and  shall  endorse  and  sub- 
scribe on  such  statement  a  certificate  of  election  and  determination  and 
deliver  the  same  to  the  Secretary  of  the  Territory  of  Oklahoma. 

If  any  two  or  more  persons  have  an  equal  number  of  votes  for  Mem- 
bers of  the  Legislature  or  Representatives  to  Congress  or  for  any  State 
or  District  office  the  said  Canvassing  Board  shall  proceed  to  determine 
by  lot,   in  the  presence  of  the  candidates,  which  of  the  two  candidates 


412  JOURNAL  OF  CONSTITUTIONAL 

shall  be  elected.  Reasonable  notice  shall  be  given  to  said  candidates  of 
the  time  when  such  elections  shall  be  determined,  and  if  such  candidates, 
or  either  of  them,  fail  to  appear,  in  accordance  with  such  notice,  then 
the  Board  of  Canvassers  shall  proceed  to  determine  such  election  in  the 
absence  of  the  candidates. 

The  Secretary  of  the  Territory  of  Oklahoma  shall  record  in  his  office 
{n  a  book  to  be  kept  by  him  for  that  purpose,  each  certified  statement  of 
determination  as  made  by  such  Board  of  Canvassers,  and  shall  without 
delay  make  out  and  transmit  to  each  of  the  persons  thereby  declared  to  be 
elected,  a  certificate  of  his  election,  certified  by  him  under  his  seal  of 
office,  and  he  shall  also  forthwith  cause  a  copy  of  such  certified  statement 
of  determination  to  be  published  in  a  newspaper  published  at  the  Capital. 

Section  10.  The  Secretary  and  Chief  Justice  of  the  Territory  of 
Oklahoma,  and  the  senior  Judge  of  the  United  States  Court  of  Appeals 
for  the  Indian  Territory,  shall,  within  thirty  days  after  the  election  herein 
provided  for,  canvass  the  returns  of  said  election  to  ratify  or  reject  the 
Constitution  or  any  provision  separately  submitted. 

Section  11.  The  canvass  and  returns  for  said  election  for  the  ratifica- 
tion or  rejection  of  the  Constitution  and  propositions  separately  submitted, 
and  for  all  officers  authorized  by  the  Constitution,  except  as  otherwise 
provided  in  the  Enabling  Act  and  the  supplementary  provisions  of  this 
ordinance  shall  be  made  in  accordance  with  the  election  laws  of  the 
Territory  of  Oklahoma. 

Section  12,.  Whenever  a  vacancy  occurs  in  the  office  of  County  Com- 
missioner provided  for  by  this  Ordinance,  such  vacancy  shall  be  filled  by 
appointment  by  the  Governor  of  the  Territory  of  Oklahoma  within  three 
days  from  the  date  that  he  is  notified  of  such  vacancy,  such  notice  to  be 
given  by  the  County  Clerk,  and  where  the  Governor  fails  to  fill  such 
vacancy  within  said  time,  said  vacancy  shall  be  filled  by  appointment  by 
Wm.  H.  Murray,  as  President  of  the  Constitutional  Convention;  Provided, 
however,  that  if  the  vacancy  is  caused  by  death  or  resignation,  the  person 
appointed  to  fill  the  vacancy  shall  be  appointed  from  the  same  political 
party  to  which  such  officer  belonged,  and  he  shall  serve  as  if  he  had  been 
originally  named  by  this  Ordinance. 

Section  13.  Wherever  a  vacancy  occurs  in  the  office  of  County 
Clerk,  provided  for  in  this  Ordinance,  such  vacancy  shall  be  filled  by 
appointment  by  the  Board  of  County  Commissioners,  and  where  such 
Board  of  Commissioners  fail  or  refuse  for  three  days,  to  fill  such  vacancy, 
the  same  shall  be  filled  by  appointment  by  Wm.  H.  Murray,  as  President 
of  the  Constitutional  Convention;  Provided,  however,  if  the  vacancy  is 
caused  by  death  or  resignation,  the  person  appointed  to  fill  the  vacancy 
shall   be  appointed   from   the   same  political   party  to  which  such  officer 


CONVENTION    OP"   OKLAHOMA.  413 

belonged,  and  he  shall  serve  as  if  he  had  been  originally  named   by  this 
Ordinance. 

Section  14.  All  officers  appointed  and  provided  for  in  this  Ordinance 
shall,  before  entering  upon  the  discharge  of  their  duties,  take  an  oath  or 
affirmation  to  support  the  Constitution  and  the  laws  of  the  United  States, 
the  terms  of  the  Enabling  Act,  and  of  this  Ordinance,  and  to  well  and 
faithfully  discharge  the  duties  of  their  respective  offices,  and  all  Inspectors. 
Judges  and  Clerks  of  said  election  shall  take  an  oath  or  affirmation  in 
conformity  with  and  as  required  by  the  election  laws  of  the  Territory  of 
Oklahoma. 

Section  15.  The  Governor  of  the  Territory  of  Oklahoma  and  two 
qualified  electors  by  him  appointed,  one  from  each  of  the  two  political 
parties  that  cast  the  largest  number  of  votes  in  said  proposed  State  in 
the  election  of  Delegates  to  the  Constitutional  Convention,  shall  constitute 
a  Board  of  Election  Commissioners  for  the  purpose  of  the  election  herein 
provided  for.  Such  appointments  shall  be  made  at  least  thirty  days 
previous  to  said  elections,  and  if  prior  to  that  time,  the  Chairman  of 
the  Central  Committee  of  the  proposed  State,  of  either  of  such  parties, 
shall  nominate  in  writing  a  member  of  his  own  party  for  said  appoint- 
ment, the  Governor  of  the  Territory  shall  appoint  such  nominee.  In  case 
of  the  death,  disability  or  refusal  to  serve  of  either  appointee,  the  Gov- 
ernor of  the  Territory  shall  notify  the  Chairman  of  the  Central  Com- 
mittee of  such  appointee's  political  party,  and  such  Chairman  may,  within 
three  days  thereafter,  recommend  a  successor,  who  shall  thereui)on  be 
appointed:  Provided,  That  if  sucti  Chairman  shall  fail  to  make  recommenda- 
tions of  appointment  within  the  time  specified,  the  Governor  of  the  Ter- 
ritory of  Oklahoma  shall  make  such  appointments  of  his  own  selection 
from  such  political  party. 

It  shall  be  the  duty  of  said  Board  to  prepare  and  distribute  the  bal- 
lots, stamps  and  election  supplies  for  the  election  of  all  officers  for  whom 
the  qualified  electors  of  the  proposed  State  are  entitled  to  vote,  for  Rep- 
resentative to  Congress,  and  all  Members  of  the  Legislature,  and  all 
Officers  provided  for  by  the  Constitution  for  whom  the  voters  of  more 
than  one  County  are  entitled  to  vote,  in  compliance  with  the  provisions 
of  said  Constitution  and  of  the  election  laws  of  the  Territory  of  Okla- 
homa. Said  Board  shall  also  pi'epare  and  distribute  ballots,  stamps  and 
election  supplies  for  the  election  for  the  ratification  or  rejection  of  th'3 
proposed  Constitution  and  for  or  against  any  provisions  separately  sub- 
mitted. The  said  Board  shall  perform  and  exercise  such  other  duties  as 
may  be  prescribed  by  the  election  laws  of  the  Territory  of  Oklahoma  and 
by   this    Ordinance. 

In  the  event  that  the  Governor  of  the  Territory  of  Oklahoma  shall 
fail  or  refuse  to  act  or  perform  the  duties  aforesaid,  such  duties  shall  be 


414  JOURNAL  OF  CONSTITUTIONAL 

exercised  and  ijerformed  by  Wm.  H.  Murray,  as  President  of  the  Conven- 
tion. 

Section  16.  In  each  County  in  the  proposed  State,  the  County  Clerk 
and  two  persons  by  him  appointed,  one  from  each  of  the  two  political 
parties  that  cast  the  largest  number  of  votes  in  said  proposed  State  at 
the  election  of  Delegates  to  the  Constitutional  Convention,  shall  constitute 
County  Board  of  Election  Commissioners.  Said  appointments  shall  be 
made  in  all  respects  as  the  appointments  for  the  Board  of  Election  Com- 
missioners hereinbefore  provided  for  or  required  to  be  made  by  the  Gov- 
ernor of  the  Territory  of  Oklahoma,  except  that  the  privilege  of  nomina- 
tion shall  belong  to  the  Chairman  of  the  County  Central  Committee'  of 
the  two   parties  aforesaid. 

It  shall  be  the  duty  of  such  Board  to  prepare  and  distribute  the  bal- 
lots and  election  supplies  for  all  officers  to  be  voted  for  in  such  Counties 
or  who  are  to  be  voted  for  other  than  those  who  are  to  be  voted  for  by 
all  the  electors  of  the  proposed  State,  and  Members  of  the  Legislature 
and  District  Officers  as  hereinbefore  provided,  in  compliance  with  the 
provisions  of  this  Ordinance,  and  said  Board  shall  perform  such  other 
duties  as  provided  for  by  the  election  laws  of  the  Territory  of  Oklahoma, 
and  by  this  Ordinance. 

In  the  event  any  County  Clerk  shall  fail  or  refuse  to  perform  or  dis- 
charge any  of  the  duties  aforesaid,  or  be  disqualified,  the  County  Commis- 
sioners shall  appoint  some  one  to  act  as  County  Clerk  in  the  perform- 
ance of  such  duties. 

Section  17.  In  the  event  any  of  the  County  Commissioners  in  any 
County  of  the  proposed  State  shall  fail  or  refuse  or  be  disqualified  to  per- 
form any  of  the  duties  required  by  this  Ordinance  or  the  election  laws 
of  the  Territory  of  Oklahoma,  the  Governor  of  the  Territory  shall  apijoim 
some  one  in  his  stead:  Provided,  that  such  appointment  shall  be  made 
from  the  same  political  party  as  that  to  which  such  Commissioner  be- 
longed. 

In  the  event  the  Governor  of  the  Territory  of  Oklahoma  shall  fail 
or  refuse  to  take  such  action  thereon,  and  to  make  such  appointment 
within  three  days  after  he  shall  be  notified  of  such  failure  or  refusal  or 
disqualification  or  disability,  on  the  part  of  such  Commissioner,  such 
appointment  shall  be  made  by  Wm.  H.  Murray,  as  President  of  this  Con- 
vention. 

Section  IS.  Nominations  for  all  State,  District,  County  and  Township 
offices  may  be  made  as  provided  for  under  the  Primary  Election  Laws  of  the 
Territory  of  Oklahoma,  and  said  election  laws,  in  connection  with  election 
laws  of  the  Territory  of  Oklahoma,  be  and  are  as  aforesaid  hereby  put 
in  force  and  effect  throughout  the  proposed  State  of  Oklahoma:  Pro- 
vided, that  in  cities  and  towns  of  the  Indian  Territory  and  the  Osage 
Indian   Reservation,   having  a   population  of   twenty-five  hundred   inhab- 


CONVENTION    OF   OKLAHOMA.  415 

itants  or  more  as  shown  by  any  official  census  taken  either  under  the 
auspices  of  the  United  States  Government  or  such  Municipal  Corpora- 
tions, the  qualified  electors  therein  shall  register  up  to  the  18th  day  of 
May,  A.  D.,  1907,  in  order  to  be  entitled  to  vote  therein  at  any  primary 
election  held  on  or  after  the  23rd  day  of  May,  A,  D.,  1907,  and  prior  to 
August  sixth,  A.  D.,  190  7.  And  Provided  Farther,  That  any  person  having 
registered  at  the  election  of  Delegates  to  the  Constitutional  Convention, 
or  any  municipal  election  during  1907,  shall  not  be  required  to  further 
register  in  order  to  vote  at  such  primary  election  or  elections;  And  Pro- 
vided Further,  That  any  person  who  shall  be  prevented  from  registering 
by  reason  of  sickness  or  necessary  absence  from  such  city  or  town,  which 
fact  may  be  shown  as  provided  by  the  laws  of  Oklahoma  Territory,  or 
shall  be  prevented  by  the  Clerk  or  Recorder  of  such  city  or  town  failing 
or  refusing  to  register,  then  such  elector  shall  be  allowed  to  vote  at  such 
election. 

Section  19.  The  submission  of  the  proposed  Constitution  for  the 
proposed  State  of  Oklahoma,  and  the  separate  provision,  to  the  people 
of  said  proposed  State,  for  ratification  or  rejection,  shall  be  upon  the 
same  ballot  in  the  following  form: 

Shall  the  Constitution  for  the  Proposed  State  of  OkUihoiiui  Be 
Ratified? 

()      YES. 

()      NO. 

Shall  the  Provision   for  State-wide   Prohibition   Be   Adopted? 

()       YES. 

()      NO. 

And  ballots  used  in  voting  for  or  against  the  proposed  Constitution, 
and  for  or  against  any  provision  separately  submitted,  shall  contain  no 
other  matters  to  be  voted  on  at  such  election  and  shall  be  prepared, 
printed,  furnished  and  distributed  by  the  Board  of  Election  Commis- 
sioners for  the  proposed  State  as  required  by  the  laws  of  the  Territory 
of  Oklahoma  for  elections  therein,  not  in  conflict  with  the  provisions 
of  the  Enabling  Act  and  as  supplemented  by  this  Ordinance  and  shall 
when  voted  be  deposited  in  ballot  boxes  separate  from  any  others  used 
at  said  election.  Said  election  shall  in  all  respects  be  held  and  conducted 
in  the  manner  required  by  the  laws  of  the  Territory  of  Oklahoma  for 
elections  therein  when  not  in  conflict  with  the  provisions  of  tlie  Enabling 
Act,  and  as  supplemented  by  the  provisions  of  this  Ordinance,  and  the 
returns  thereof  shall  be  made  as  provided  by  said  Enabling  Act  as  here- 
inbefore set  out. 

Section  20.  There  shall  be  submitted  separately  and  in  the  manner 
herein  provided,  the  separate  provision  adopted  by  this  Convention  and 
rc*'erred  to  as  a  separate  provision  for  State-wide  Prohibition,  at  the  same 
time  and  on  the  same  ballot,  at  which  said  proposed   Constitution   is  to 


416  JOURNAL  OF  CONSTITUTIONAL 

be  submitted  for  ratification  or  rejection,  said  proposition  being  as  to 
whether  or  not  the  manufacture,  sale,  barter,  giving  away  or  otherwise 
furnishing  intoxicating  liquors  shall  be  prohibited  in  the  proposed  State 
for  a  period  of  twenty-one  years  from  the  date  of  its  admission  into 
the  Union,  and  thereafter  until  the  people  of  the  State  shall  otherwise 
provide  by  amendment  of  said  Constitution  and  proper  State  legislation, 
said  provision  being  in  words  and  figures  as  follows,  to-wit: 

"The  manufacture,  sale,  barter,  giving  away,  or  otherwise  furnish- 
ing, except  as  hereinafter  provided,  of  intoxicating  liquors  within  this 
State,  or  any  part  thereof,  is  prohibited  for  a  period  of  twenty-one  years 
from  the  date  of  the  admission  of  this  State  into  the  Union,  and  there- 
after until  the  people  of  the  State  shall  otherwise  provide  by  amend- 
ment to  this  Constitution  and  proper  State  legislation.  Any  person. 
Individual  or  corporate,  who  shall  manufacture,  sell,  barter,  give  away.. 
or  otherwise  furnish  any  intoxicating  liquor  of  any  kind,  including  beer, 
ale  and  wine,  contrary  to  the  provisions  of  this  section,  or  who  shall, 
within  this  State,  advertise  for  sale  or  solicit  the  purchase  of  any  such 
liquors,  or  who  sail  ship  or  in  any  way  convey  such  liquors  from  one 
place  within  this  State  to  another  place  therein,  except  the  conveyance 
of  a  lawful  purchase  as  herein  authorized,  shall  be  punished,  on  convic- 
tion thereof,  by  fine  not  less  than  fifty  dollars  and  by  imprisonment  not 
less  than  thirty  days  for  each  offense:  Provided,  That  the  Legislature 
may  provide  by  law  for  one  agency  under  the  supervision  of  the  State 
in  each  incorporated  town  of  not  less  than  two  thousand  population  in 
this  State;  and  if  there  be  no  incorporated  town  of  two  thousand  popu- 
lation in  any  County  in  this  State,  such  County  shall  be  entitled  to  have 
one  sivch  agency,  for  the  sale  of  such  liquors  for  medicinal  purposes; 
and  for  the  sale,  for  industrial  purposes,  of  alcohol  which  shall  have 
been  denaturized  by  some  process  approved  by  the  United  States  Com- 
missioner of  Internal  Revenue;  and  for  the  sale  of  alcohol  for  scientific 
purposes  to  such  scientific  institutions,  universities,  and  colleges  as  are 
authorized  to  procure  the  same  free  of  tax  under  the  laws  of  the  United 
States;  and  for  the  sale  of  such  liquors  to  any  apothecary  who  shall  have 
executed  an  approved  bond,  in  a  sum  not  less  than  one  thousand  dollars, 
conditioned  that  none  of  such  liquors  shall  be  used  or  disposed  or  for 
any  purpose  other  than  in  the  compounding  of  prescriptions  or  other 
medicines,  the  sale  of  which  would  not  subject  him  to  the  payment  of  a 
special  tax  required  of  liquor  dealers  by  the  United  States,  and  the  pay- 
ment of  such  special  tax  by  any  person  within  this  State  shall  constitute 
prima  facie  evidence  of  his  intention  to  violate  the  provisions  of  this 
section.  No  sale  shall  be  made  except  upon  the  sworn  statement  of  the 
ai)plicant  in  writing  setting  forth  the  purpose  for  which  the  liquor  is  to 
be  used,  and  no  sale  shall  be  made  for  medicinal  i)urposes  except  sales  to 
apothecaries    as    hereinabove    provided,    unless    such    statement    shall    be 


CONVENTION    OF   OKLAHOMA.  417 

accompanied  by  a  bona  fide  prescription  signed  by  a  regular  practicing 
physician,  whicli  prescription  shall  not  be  filled  more  than  once.  Each 
sale  shall  be  duly  registered,  and  the  register  thereof,  together  with  the 
affidavits  and  prescriptions  pertaining  thereto  shall  be  open  to  inspection 
by  any  officer  or  citizen  of  the  State  at  all  times  during  business  hours. 
Any  person  who  shall  knowingly  make  a  false  affidavit  for  the  purpose 
aforesaid  shall  be  deemed  guilty  of  perjury.  Any  physician  who  shall 
prescribe  any  such  liquor,  except  for  treatment  of  disease  w'hich  after 
his  own  personal  diagnosis  he  shall  deem  to  require  such  treatment, 
shall,  upon  conviction  thereof,  be  punished  for  each  offense  by  fine  of  not 
less  than  two  hundred  dollars  or  by  imprisonment  for  not  less  than  thirty 
days,  or  by  both  such  fine  and  imprisonment;  and  any  person  connected 
with  any  such  agency  who  shall  be  convicted  of  making  any  sale  or 
other  disposition  of  liquor  contrary  to  these  provisions  shall  be  punished 
by  imprisonment  of  not  less  than  one  year  and  one  day.  Upon  the  admis- 
sion of  this  State  into  the  Union  these  provisions  shall  be  immediately 
enforceable  in  the  Courts  of  this  State:  Provided,  That  there  shall  be 
submitted  separately  at  the  same  election  at  which  this  Constitution  is 
submitted  for  ratification  or  rejection,  and  on  the  same  ballot,  the  fore- 
going provision,  entitled  "Prohibition,"  on  which  ballot  shall  be  printed: 

Shall  the  Provision  for  State-wide  Prohibition  Be  Adopted? 
( )      YES. 
()      NO. 

And,  Provided  Further,  That  if  a  majority  of  the  votes  cast  for  and 
against  State-wide  Prohibition  are  for  State-wide  Prohibition,  then  said 
provision  entitled  "Prohibition,"  shall  be  and  form  a  part  of  this  Con- 
stitution and  be  in  full  force  and  effect  as  such  as  provided  therein;  but 
if  a  majority  of  said  votes  shall  be  against  State-wide  Prohibition,  then 
the  provisions  of  said  article  shall  not  form  a  part  of  this  Constitution, 
and  shall  be  null  and  void.  If  a  majority  of  the  votes  cast  for  or  against 
said  i)rovision  are  for  State-wide  Prohibition,  then  said  provision  entitled 
"Prohibition,"  shall  be  and  form  a  part  of  the  i)roposed  Constitution. 

Section  21.  It  shall  be  the  duty  of  the  Governor  of  the  Territory  ot 
Oklahoma,  as  such,  within  twenty  days  after  the  date  of  the  adoption  of 
this  Ordinance,  to  issue  his  proclamation  giving  public  notice  of  the 
elections  herein  i)rovided  for,  and  to  cause  said  proclamation  to  be  pub- 
lished for  a  period  of  sixty  days  in  some  daily  newspaper  of  general  cir- 
culation within  the  proposed  State  of  Oklahoma,  and  in  the  event  of  the 
failure  or  refusal  or  disqualification  on  the  part  of  such  Governor  to  act, 
such  proclamation  shall  be  issued  and  publication  caused  to  be  made  by 
Wm.  H.  Murray,  as  President  of  this  Convention,  and  if  he  shall  fail  or 
refuse  or  be  disqualified  from   issuing  such  proclamation,  the  same  shall 


418  JO'JUNAL  OF  CONSTITUTIONAL 

be  issued  and  caused  to  be  published  as  aforesaid  by  Jolin  M.  Young,  as 
Secretary  of  this  Convention. 

Section  22.  That  the  provisions  of  this  Ordinance  shall  apply  to  the 
elections  to  be  held  and  to  the  officers  to  be  elected  on  the  6th  day  of 
August,  in  the  year  of  our  Lord,  one  thousand  nine  hundred  and  seven. 

Section  23.  In  the  event  the  Governor  of  the  Territory  of  Oklahoma 
should  fail  or  refuse  to  act  as  herein  provided,  and  to  appoint  two  quali- 
fied electors  from  each  of  the  political  parties  that  cast  the  largest  num- 
ber of  votes  in  said  proposed  State  in  the  election  of  Delegates  to  the 
Constitutional  Convention,  to  constitute  a  Board  of  Election  Commis- 
sioners for  the  purpose  of  the  elections  herein  provided  for  or  perform 
any  other  duties  imposed  by  law  or  this  Ordinance  upon  him  with  respect 
to  said  elections,  such  duty  shall  be  performed  by  Wm.  H.  Murray,  as 
President  of  this  Convention,  in  the  same  manner  as  would  devolve-  upon 
the  Governor,  and  with  the  same  powers  as  if  he  were  then  and  there 
Governor  of  the  Territory  of  Oklahoma.  And  in  the  event  said  Wm.  H. 
Murray,  as  President,  should  fail  or  refuse  to  perform  such  acts  and 
duties  as  aforesaid,  such  acts  and  duties  shall  be  performed  by  John  M. 
Young,  as  Secretary  of  this  Convention,  in  the  same  manner  and  with 
the  same  powers  as  if  he  were  then  and  there  the  Governor  of  said  Ter- 
ritory. 

Section  24.  In  the  event  there  should  be  any  County  or  Counties 
in  said  proposed  State  as  defined  and  described  in  the  Constitution,  where 
the  same  shall  not  have  been  divided  into  Commissioner  Districts  by  July 
Cth,  1907,  the  Commissioners  for  such  County  shall  at  said  election  be 
elected  therefrom  at  large. 

Section  25.  No  voting  Precinct  in  this  State  shall  be  established 
so  that  it  shall  be  divided  by  the  boundary  line  of  any  Municipal  Town- 
ship,  Commissioner's   District,    County  or  Congressional    District. 

Section  2  6.  Within  ten  days  after  the  adoption  of  this  Ordinance 
or  as  soon  thereafter  as  practicable,  the  County  Clerk  and  the  County 
Commissioners  appointed  herein  shall  meet  at  the  County  Seat  of  their 
respective  Counties 'and  subscribe  the  oath  required  by  this  Ordinance 
and  execute  bond  for  the  faithful  performance  of  their  duties  in  the  penal 
sum  of  one  thousand  ($1,000)  dollars,  which  bond  may  be  approved  by 
any  Delegate  to  the  Constitutional  Convention  residing  in  the  County  or 
by  Wm.  H.  Murray,  as  President  of  this  Convention. 

Thereupon  the  Board  of  County  Commissioners  of  each  of  said 
Counties  shall  i)rocure  a  suitnble  book  in  which  oath  and  bond  aforesaid 
and  all   the  iiroceedings  shall  be  entered. 

I    hereby    certify    that    the    above    and    foregoing    passed    after    third 


CONVENTrON    01'^    OKLAHOMA.  419 

reading  upon  roll  call,  (his  22ud  day  of  A|)ril,  at  t:o2  o'clock  p.  m..  Anno 
Domini,  1907. 

WM.    H.   MUIlIiAY, 
President  of  the  Constitutional  Convention. 
A.TTEST: 

JOHN  McLAIN  YOUNG, 

Secretary  of  the  Constitutional  Convention. 

Oijiinion  of  the  Court,  by  Hainor,  J.: 

In  compliance  with  the  power  granted  in  the  Enabling  Act,  the 
|)eople  of  Oklahoma  and  Indian  Territory  elected  one  hundred  and  twelve 
Delegates,  fifty-seven  of  whom  were  elected  from  the  Territory  of  Okla- 
homa, and  fifty-five  of  whom  were  elected  from  the  Indian  Territory. 
These  Delegates  were  invested  with  the  power  and  charged  with  the 
duty  and  responsibility  of  forming  a  Constitution  and  State  Government 
for  the  proposed  State  of  Oklahomo. 

Tlie  Fundament^il  liiohts  and   Towei-.s  ot   the  Convention. 

The  first  question  for  our  consideration  is.  What  is  a  Constitutional 
Convention,  and  what  is  the  nature  of  its  fundamental  rights  aivd  powers? 

It  was  contended  by  the  plaintiff  in  the  Court  below,  defendant  in 
error  here,  that  the  power  and  authority  of  the  Constitutional  Conven- 
tion is  derived  solely  from  the  powers  granted  in  the  Enabling  Act,  and 
that  every  power  granted  to  the  Convention  must  be  found  and  expressed 
therein,  except  such  implied  powers  as  may  be  necessary  to  carry  into 
effect  the  exi)ress  grant  of  power;  that  the  power  granted  by  the  Enabling 
Act  embraces  no  legislative  grant;  but  confers  only  the  power  of  a  oom- 
niittee  to  adopt  and  propose  fundamental  propositions  which  upon  rati- 
fication may  become  the  fundamental  law  of  the  State,  and  this  was  the 
view  of  the  trial  Court;  and  it  is  earnestly  urged  in  this  Court  by  counsel 
for  defendant  in  error  as  the  true  doctrine.  In  our  opinion,  this  con- 
tention is  clearly  untenable,  and  cannot  be  sustained  by  the  authorities. 

In  a  Territory  the  source  of  all  power  is  Congress.  But  in  the  forma- 
tion of  a  Constitution  and  State  Government  the  power  emanates  from 
the  people.  The  Delegates  to  the  Convention  were  not  the  agents  or 
representatives  of  Congress,  but  they  were  the  immediate  agents  and 
representatives  of  the  i)eople  of  the  two  Territories.  .  They  derived  their 
power  and  authority  from  the  people  in  their  sovereign  capacity.  And  this 
is  in  harmony  with  the  principles  of  the  Declaration  of  Independence, 
which  declares  that  "governments  are  rnstituted  among  men,  deriving 
their  just  powers  from  the  consent  of  the  governed,"  and  is  in  keeping 
with  the  doctrine  announced  by  Lincoln  when  he  uttered  the  immortal 
words,  that  this  is  "a  government  of  the  people,  by  the  people  and  for 
the    people." 

In  Benner  v.  Porter,  9  How.,   241,  the  Supreme  Court  of  the  United 


4  20  JOURNAL  OF  CONSTITUTIONAL 

States,  in  speaking  of  the  source  of  power,  with  reference  to  the  admis- 
sion of  the  Territory  of  Florida,  said: 

"The  Convention  being  the  foundation  of  all  political  power,  from 
which  flowed  that  which  was  embodied  in  the  organic  law,  were,  of  course, 
competent  to  prescribe  the  laws  and  appoint  the  officers  under  the  Con- 
stitution, by  means  whereof  the  Government  could  be  put  into  immediate 
operation." 

The  Convention,  therefore,  was  created  by  the  direct  action  of  the 
people,  and  in  the  discharge  of  its  powers,  duties,  and  obligations,  it  per- 
forms one  of  the  highest  and  most  important  acts  of  popular  sovereignty. 
Nor  is  the  contention  well  founded  that  the  Convention  possesses  no  leg- 
islative powers,  and  that  it  acts  in  the  mere  capacity  of  a  committee  to 
adopt  and  propose  fundamental  propositions  which  are  to  be  submitted 
to  a  vote  of  the  people  for  ratification  or  rejection.  The  Convention  has 
and  can  exercise  plenary  powers  subject  to  the  limitations  (1)  that  the 
Constitution  shall  be  republican  in  form,  (2)  that  it  shall  not  be  repug- 
nant to  the  Constitution  of  the  United  States  and  the  principles  of  the 
Declaration  of  Independence,  (3)  that  no  distinction  shall  be  made  on 
account  of  race  or  color,  and  (4j  that  the  Convention  shall  accept  by 
Ordinance  irrevocable  all  the  terms  and  conditions  of  the  Enabling  Act. 

It  is  true  that  Congress  has  the  power  to  impose  conditions  upon  a 
Territory,  as  a  condition  precedent  to  entitle  it  to  admission  as  a  State. 
Accordingly,  Congress  placed  certain  restrictions  and  limitations  upon  the 
Convention,  which  it  was  required  to  incorporate  into  the  Constitution, 
and  to  be  ratified  by  the  people.  These  limitations  and  restrictions,  when 
ratified  by  the  people,  become  a  part  of  the  fundamental  law  of  the  State. 
When,  therefore,  Congress  authorized  the  people  of  Oklahoma  and  Indian 
Territory  to  form  a  Constitution  and  State  Government  and  be  admitted 
into  the  Union  on  an  equal  footing  with  the  original  States,  it  meant  that 
it  should  be  admitted  on  equal  terms  with  the  original  States.  Hence, 
the  Enabling  Act  was  not  a  limited  or  restricted  grant,  but  it  was  an 
absolute  grant,  subject  to  the  Constitution  of  the  United  States,  and 
the  limitations  and  restrictions  imposed  in  the  Enabling  Act  as  a  con- 
dition precedent  to  such  admission. 

In  Permoli  v.  First  Municipality,  3  How.,  G09,  the  Supreme  Court 
of  the  United  States  had  before  it  the  construction  of  the  Act  of  Con- 
gress of  February  20,  1811,  authorizing  the  people  of  the  Territory  of 
Orleans  to  form  a  Constitution  and  State  Government,  and  in  the  course 
of  the  opinion  the  Court  said: 

"By  the  Act  of  April  8,  1812,  Louisiana  was  admitted  according 
to  the  mode  prescribed  by  the  Act  of  ISll;  Congress  declared  it  should 
be  on  the  conditions  and  terms  contained  in  the  3rd  section  of  that  Act; 


CONVENTION    OF    OKLAHOMA.  4  21 

which   should   be  considered,    deemed   and    taken,    as    lundaniental   condi- 
tions and  terms  upon  which  the  State  was  incorporated  in  the  Union. 

"All  Congress  intended,  was  to  declare  in  advance  to  the  people  of 
the  Territory,  the  fundamental  princii)les  their  Constitution  should  con- 
tain, this  was  every  way  proper  under  the  circumstances;  the  instru- 
ment having  been  duly  formed,  and  presented,  it  was  for  the  National 
Legislature  to  judge  whether  it  contained  the  proper  principles,  and  to 
accept  it  if  it  did  or  reject  it  if  it  did  not.  Having  accepted  the  Con- 
stitution and  admitted  the  State,  'on  an  equal  footing  with  the  original 
States  in  all  respects  whatever,'  in  express  terms,  by  the  Act  of  1812, 
Congress  was  concluded  from  assuming  that  the  instructions  contained 
in  the  Act  of  1811  had  not  been  complied  with.  No  fundamental  prin- 
ciples could  be  added  by  way  of  amendment,  as  this  would  have  been 
making  part  of  the  State  Constitution;  if  Congress  could  make  it  in  part, 
it  might,  in  the  form  of  amendment,  make  it  entire." 

In  Escanaba  Co.  v.  Chicago,  107  U.  S.,  638,  the  Supreme  Court  of 
the   United   States,   speaking  by   Mr.    Justice   Field,  said: 

"Although  the  Act  of  April  18,  1818,  c.  67,  enabling  the  people  of 
Illinois  Territory  to  form  a  Constitution  and  State  Government,  and  the 
resolution  of  Congress  of  Dec.  3,  1818,  declaring  the  admission  of  the 
State  into  the  Union,  refer  to  the  principles  of  the  Ordinance  according 
to  which  the  Constitution  was  to  be  formed,  its  provisions  could  not 
control  the  authority  and  powers  of  the  State  after  her  admission. 
Whatever  the  limitations  upon  her  powers  as  a  Government  whilst  in  a 
Territorial  condition,  whether  from  the  Ordinance  of  17  87  or  the  leg- 
islation of  Congress,  it  ceased  to  have  any  operative  force,  except  as 
voluntarily  adopted  by  her,  after  she  became  a  State  of  the  Union.  On 
her  admission  she  at  once  became  entitled  to  and  possessed  of  all  the 
rights  of  dominion  and  sovereignty  which  belonged  to  the  original  States. 
She  was  admitted,  and  could  be  admitted,  only  on  the  same  footing  with 
them." 

In  Ward  v.  Race  Horse,  163  U.  S.  514,  which  involved  the  inter- 
pretation of  a  provision  of  the  Enabling  Act  of  Wyoming,  Mr.  Justice 
White,  after  reviewing  the  authorities,  said: 

"The  Enabling  Act  declares  that  the  State  of  Wyoming  is  admitted 
on  equal  terms  with  the  other  States,  arid  this  declaration,  which  is 
simply  an  expression  of  the  general  rule,  which  pre-supposes  that  States, 
when  admitted  into  the  Union,  are  endowed  with  powers  and  attributes 
equal  in  scope  to  those  enjoyed  by  the  States  already  admitted,  repels 
any  presumption  that  in  this  particular  case  Congress  intended  to  admit 
the  State  of  Wyoming  with  diminished  governmental  authority." 

From  these  decisions  it  will  be  observed  that  all  Congress  intended 
was  to  declare  to  the  people  of  Oklahoma  and  Indian  Territory  the  fun- 
damental principles  which   should   be  incorporated  in   the  proposed   Con- 


422  JOURNAL  OF  CONSTITUTIONAL 

stitiition.  And  when  the  Constitution  is  formed  and  a  full  State  Gov- 
pi-nment  provided,  it  should  be  submitted  to  the  people  for  ratification 
or  rejection,  and  when  approved  by  the  people  it  is  to  be  submitted  to 
the  President  of  the  United  States,  who  is  charged  by  Congress  with  the 
duty  to  determine  whether  the  Constitution  is  republican  in  form,  whether 
it  is  repugnant  to  the  Constitution  of  the  United  States  and  the  prin- 
ciples of  the  Declaration  of  Independence,  and  whether  the  terms  and 
conditions  imposed  in  the  Enabling  Act  have  been  complied   with. 

Judge  Story,  in  his  work  on  the  Constitution,  Vol.  1  (5  ed.),  Section 
338,  declares: 

"The  true  view  to  be  taken  of  our  State  Constitutions  is,  that  they 
are  forms  of  Government  ordained  and  established  by  the  people  in  their 
original  sovereign  capacity  to  promote  their  own  happiness  and  perma- 
nently to  secure  their  rights,  property,  independence,  and  common  wel- 
fare." 

Judge  Cooley,  in  his  work  on  Constitutional  Limitations,  on  Page 
68,  in  discussing  the  attributes  and  objects  of  a  Constitution,  says: 

"In  considering  State  Constitutions  we  must  not  commit  the  mistake 
of  supposing  that,  because  individual  rights  are  guarded  and  protected 
by  them,  they  must  also  be  considered  as  owing  their  origin  to  them. 
These  instruments  measure  the  powers  of  the  rulers,  but  they  do  not 
measure  the  rights  of  the  governed.  'What  is  a  Constitution,  and  what 
are  its  objects?  It  is  easier  to  tell  what  it  is  not  than  what  it  is.  It  is 
not  the  beginning  of  a  community,  nor  the  origin  of  private  rights;  it 
is  not  the  fountain  of  law,  nor  the  incipient  State  of  Government;  it  is 
not  the  cause,  but  consequence,  of  personal  and  political  freedom;  it 
grants  no  rights  to  the  people,  but  is  the  creature  of  their  power,  the 
instrument  of  their  convenience.'  " 

In  1894  the  State  of  New  York  had  under  consideration  the  revision 
of  its  State  Constitution.  One  of  the  first  questions  that  arose  in  the 
Convention  was  the  ascertainment  of  the  rights  and  powers  of  the  Con- 
vention to  pass  upon  the  election  and  qualifications  of  one  of  its  mem- 
bers. This  question  was  referred  to  the  Judiciary  Committee,  of  which 
committee  the  Honorable  Elihu  Root,  now  Secretary  of  State,  and  one 
of  the  ablest  lawyers  and  statesmen  of  this  country,  was  chairman.  In 
his  report  to  the  Convention,  he  says: 

"The  Convention  has  been  created  by  the  direct  action  of  the  peo- 
l>le  and  has  been  by  them  vested  with  the  power  and  charged  with  the 
duty  to  revise  and  amend  the  organic  law  of  the  State. 

"The  function  with  which  it  is  thus  charged  is  a  part  of  the  highest 
and  most  solemn  act  of  popular  sovereignty  and  in  its  performance  the 
Convention  has  and  can  have  no  superior  but  the  people  themselves. 

"No  Court  or  Legislature  or  Executive  Officer  has  authority  to  inter- 


CONVENTION   OF   OKLAHOMA.  4  23 

fere  with  the   exercise  of  the   powers  or  the   performance   of  the   duties 
which  the  people  have  enjoined  ui)on  this,  their  immediate  agent.'' 

And,  again,  in  stating  the  nature  of  a  Constitutional  Convention,  ho 
Bays; 

"A  Constitutional  Convention  is  a  legislative  body  of  the  highest 
order.  It  proceeds  by  legislative  methods.  Its  acts  are  legislative  acts. 
Its  function  is  not  to  execute  or  interpret  laws,  but  to  make  them.  That 
the  consent  of  the  general  body  of  electors  may  be  necessary  to  give 
effect  to  the  Ordinances  of  the  Convention  no  more  changes  their  legis- 
lative character  than  the  requirement  of  the  Governor's  consent  changes 
the  nature  of   the  action   of  the  Senate  and   Assembly." 

And,  again,  in  speaking  of  the  importance  of  the  independence  of 
the  Convention,  he  uses  this  language: 

"It  is  far  more  important  that  a  Constitutional  Convention  should 
possess  these  safeguards  of  its  independence  than  it  is  for  an  ordinary 
Legislature;  because  the  Convention's  acts  are  of  a  more  momentous 
and  lasting  consequence  and  because  it  has  to  pass  upon  the  power, 
emoluments  and  the  very  existence  of  the  Judicial  and  Legislative  Officers 
who  might  otherwise  interfere  with  it.  The  Convention  furnishes  the 
only  way  by  which  the  people  can  exercise  their  will,  in  respect  of  these 
officers,  and  their  control  over  the  Convention  would  be  wholly  incom- 
patible with  the  free  exercise  of  that  will."  See  Proceedings  of  the  New 
York   Constitutional  Convention,   1894,   pages  79-80. 

Mr.  Bryce,  in  his  excellent  work  on  the  American  Commonwealth, 
Vol.   1,  page  436,  says: 

"A  State  Constitution  is  really  nothing  but  a  law  made  diroctly  by 
the  people  voting  at  the  polls  upon  a  draft  submitted  to  them.  The 
l)eople  of  a  State  when  they  so  vote  act  as  a  primary  and  constituent 
assembly,  just  as  if  they  were  all  summoned  to  meet  in  one  place  like 
the  folk-motes  of  our  Teutonic  forefathers.  It  is  only  their  numbers 
that  prevents  them  from  so  meeting  at  one  place,  and  oblige  the  vote  to 
be  taken  in  a  variety  of  polling  places.  Hence  the  enactment  of  a  Con- 
stitution is  an  exercise  of  direct  popular  sovereignty  to  which  we  find  few 
l)arallels  in  modern  Europe,  though  it  was  familiar  enough  to  the  repub- 
lic of  antiquity  and  has  lasted  until  now  in  some  of  the  cantons  of 
Switzerland." 

In  Goodrich  v.  Moore,  2  Minn.,  49,  the  Supreme  Court  of  Minnesota 
declared  that  a  Constitutional  Convention  is  the  highest  Legislative 
Assembly  recognized  in  law,  invested  with  the  power  of  enacting  or  fram- 
ing the  supreme  law  of  the  State,  and  in  the  course  of  the  opinion.  Mr. 
Justice  Atwater,  speaking  for  the  Court,  said: 

"But  even  had  the  Legislature  intended  and  attempted  to  claim  and 
exercise  the  act  providing  a  printer  for  the  Constitutional  Convention, 
It  would  have  been  an  unauthorized  and  unwarrantable  interference  with 


4  24  JOURNAL  OF  CONSTITUTIONAL 

Lhe  rights  of  that  body.  The  admission  of  such  a  right  in  the  Legis- 
lature»would  place  the  Convention  under  its  entire  control,  leaving  it 
without  authority  even  to  appoint  or  elect  its  own  officers,  or  adopt 
measures  for  the  transaction  of  its  legitimate  business.  It  would  have 
less  power  than  a  town  meeting,  and  be  incompetent  to  perform  the 
objects  for  which  it  convened.  It  would  be  absurd  to  suppose  a  Consti- 
tutional Convention  had  only  such  limited  authority.  It  is  the  highest 
Legishitive  Assembly  recogiiizecl  in  law,  invested  with  the  riglit  of  enact- 
ing or  framing  the  supreme  hiw  of  the  State.  It  must  have  plenary  power 
for  this  and  over  all  the  incidents  thereof.  The  fact  that  the  Conven- 
tion assembled  by  authority  of  the  Legislature  renders  it  in  no  respect 
Inferior  thereto. 

In  Sproule  v.  Fredericks,  11  So.  Rep.  4  72,  the  Supreme  Court  of 
Mississippi,  in  discussing  the  powers  of  the  Convention,  says: 

"It  is  the  highest  Legislative  body  known  to  free  men  in  a  repre- 
sentative Government.  It  is  supreme  in  its  sphere.  It  wields  the  powers 
of  sovereignty,  specially  delegated  to  it,  for  the  purpose  and  the  occa- 
sion, by  the  whole  electoral  body,  for  the  good  of  the  whole  common- 
wealth. The  sole  limitation  upon  its  powers  is  that  no  change  in  the 
form  of  Government  shall  be  done  or  attempted.  The  spirit  of  repub- 
licanism must  breathe  through  evtiy  part  of  the  framework,  but  the 
particular  fashioning  of  the  parts  of  this  framework  is  confided  to  the 
tvisdom,  the  faithfulness,  and  the  patriotism  of  this  great  Convocation, 
representing  the  people  in  their  sovereignty.  The  theorizing  of  the  polit- 
ical essayest  and  the  legal  doctrinaire,  by  which  it  is  sought  to  be  estab- 
lished that  the  expression  of  the  will  of  the  Legislature  shall  fetter  and 
control  the  Constitution-making  body,  or,  in  the  absence  of  such 
attempted  legislative  directions,  which  seeks  to  teach  that  the  Constitu- 
tional Convention  can  only  prepare  the  frame  of  a  Constitution  and  rec- 
ommend it  to  the  people  for  adoption,  will  be  found  to  degrade  this  sov- 
ereign body  below  the  level  of  the  lowest  tribunal  clothes  with  ordinary 
Legislative  powers." 

In  Loomis  v.  Jackson,  6  W.  Va.,  613,  in  discussing  the  powers  of  the 
Constitutional  Convention,  Judge  Woods,  speaking  for  the  Court,  on  page 
70  8,  of  the  opinion,  said: 

"I  have  had  no  difficulty  in  reaching  the  following  conclusions  upon 
the   Constitutional   questions   presented   in  this   specification,   viz: 

"First,  That  a  Constitutional  Convention  lawfully  convened  does 
not  derive  its  powers  from  the  Legislature,  but  from  the  people. 

Second,  That  the  powers  of  a  Constitutional  Convention  are  in  the 
nature  of  sovereign  powers. 

Third,  That  the  Legislature  can  neither  limit  nor  restrict  them  in 
the  exercise   of   these   powers." 

Tn  the  recent  case  of  Montana  ex  rel.  Haire  v.   Rice,  204  U.  S.   291. 


CONVENTION    OF   OKLAHOMA.  4  25 

which   came   up   on   appeal    from    the   deciKion    of    the    Sui)ieme   Court,   of 
Montana,  it  was  held  that: 

"In  granting  lands  for  educational  purposes  to  Montana  Section  17 
of  the  Enabling  Act  of  February  22,  1889,  25  Stat.  676,  to  be  held,  appro- 
priated, etc.,  in  such  manner  as  the  Legislature  of  the  State  should  pro- 
vide. Congress  intended  to  designate,  and  the  Act  will  be  so  construed, 
such  Legislature  as  should  be  established  by  the  Constitution  to  be 
adopted,  and  which  should  act  as  a  parliamentary  body  in  subordination 
to  that  Constitution;  and  it  did  not  give  the  management  and  disposal 
of  such  lands  to  the  Legislature  or  its  Members  independently  of  the 
methods  and  limitations  prescribed  by  the  Constitution  of  the  State." 

The  facts  in  this  case  were  substantially  as  follows:  Ry  Section  17 
of  the  Enabling  Act  for  Montana,  grants  were  made  to  the  State  in  the 
following    terms: 

"To  the  State  of  Montana:  For  the  establishment  and  maintenance 
of  a  School  of  Mines,  one  hundred  thousand  acres;  for  State  Normal 
School,  one  hundred  thousand  acres;  for  Agricultural  Colleges,  in  addi- 
tion to  the  grant  hereinbefore  made  for  that  purpose,  fifty  thousand 
acres;  for  the  establishment  of  a  State  Reform  School,  fifty  thousand 
acres;  for  the  establishment  of  a  Deaf  and  Dumb  Asylum,  fifty  thousand 
acres;  for  Public  Buildings  at  the  Capital  of  the  State,  in  addition  to 
the  grant  hereinbefore  made  for  the  purpose,  one  hundred  and  fifty 
thousand  acres. 

"*  *  *  And  the  lands  granted  by  this  Section  shall  be  held,  appro- 
priated and  disposed  of  exclusively  for  th6  'purposes  herein  mentioned, 
in  such  manner  as  the  Legislatures  of  the  respective  States  may  severally 
provide." 

The  Constitutional  Convention  of  Montana  adopted  an  Ordinance 
designated  as  Ordinance  No.  1,  entitled  "Federal  Relations,"  which 
ordained  that  "the  State  hereby  accepts  the  several  grants  of  land  from 
the  United  States  to  the  State  of  Montana,  *  *  *  upon  the  terms  and 
conditions  therein  provided."  An  Act  of  the  l^egislative  Assembly  of 
the  State  of  Montana,  approved  February  2,  1905.  authorized  and  directed 
the  State  Board  of  Land  Commissioners  to  sign  and  issue  interest-bear- 
ing bonds  to  the  amount  of  $75,000,  for  the  principal  and  interest  of 
which  the  State  of  Montana  should  not  be  liable,  and  directed  the  State 
Treasurer  to  sell  the  bonds.     Section  7  directed  that: 

"The  moneys  derived  from  the  sale  of  said  bonds  shall  be  used  to 
erect,  furnish  and  equip  an  addition  to  the  present  State  Normal  School 
Building  at  Dillon,  Montana,  and  shall  be  paid  out  for  such  purpose  by 
the  State  Treasurer  upon  vouchers  approved  by  the  Executive  Board  of 
the  State  Normal  School,  and  allowed  and  ordered  paid  by  the  State 
Board  of  Examiners." 


4  26  JOURNAL  OF  CONSTITUTIONAL 

Section  12,  Article  XI,  of  the  Constitution  of  the  State  of  Montana 
is  as   follows: 

"The  funds  of  the  State  University  and  all  other  institutions  of 
learning,  from  whatever  source  accruing,  shall  forever  remain  inviolate 
and  sacred  to  the  purpose  for  which  they  were  dedicated.  The  various 
funds  shall  be  respectively  invested  under  such  regulations  as  may  be 
prescribed  by  law,  and  shall  be  guaranteed  by  the  State  against  loss  or 
diversion.  The  interest  of  said  invested  funds,  together  with  the  rents 
from  leased  lands  or  properties,  shall  be  devoted  to  the  maintenance  and 
perpetuation  of   these   respective   institutions." 

It  will  thus  be  seen  that  by  the  terms  of  the  Enabling  Act  it  was 
provided  that  the  lands  granted  to  the  State  were  for  the  establishment 
and  maintenance  of  a  School  of  Mines,  and  for  a  State  Normal  School, 
etc.,  and  that  the  lands  thus  granted  should  "be  held,  appropriated  and 
disposed  of"  exclusively  for  the  purposes  therein  named,  and  "in  such 
manner  as  the  Legislature  of  the  State  may  provide."  The  Constitution 
expressly  provided  that  "the  interest  of  said  invested  funds,  together  with 
the  rents  from  leased  lands  or  properties,  shall  be  devoted  to  the  main- 
tenance and  perpetuation  of  these  respective  institutions."  Notwith- 
standing the  limitations  placed  upon  these  lands  and  funds  by  the  State 
Constitution,  the  Legislature  of  ihe  State  of  Montana  authorized  and 
directed  the  State  Board  of  Land  Commissioners  to  issue  bonds,  the 
proceeds  of  which  were  to  be  used  to  erect,  furnish  and  equip  an  addi- 
tion to  a  State  Normal  School,  upon  the  theory  that  the  Enabling  Act 
conferred  such  power  upon  the  Legislature,  regardless  of  the  limitations 
placed   upon  it  by  the   State  Constitution. 

It  was  contended  in  that  case,  as  it  is  here,  that  the  provisions  of 
the  Enabling  Act,  in  respect  to  the  disposition  of  these  lands  and  funds 
controlled  over  the  provisions  conta/ined  in  the  Constitution.  The 
Supreme  Court  of  the  United  States  denied  this  contention,  and  held 
that  in  executing  the  authority  entrusted  to  it  by  Congress,  the  Legislature 
must  act  in  subordination  to  the  State  Constitution.  .Mr.  Justice  Moody, 
in  delivering  the  opinion  of  the  Court,  on  pages  299-300  uses  the  follow- 
ing language: 

"In  support  of  it  the  plaintiff  in  error  argues  that  the  grant  of  all 
the  land  by  the  Enabling  Act  was  by  an  Ordinance  accepted  by  the  State 
'upon  the  terms  and  conditions  therein  provided;'  that  the  Legislature 
of  the  State  was  by  the  last  clause  of  Section  17  appointed  as  agent  of 
the  United  States,  with  full  power  to  dispose  of  the  lands  in  any  manner 
which  it  deemed  fitting,  provided  only  that  the  lands  or  their  proceeds 
should  be  devoted  to  Normal  School  purposes,  and  that,  therefore,  in  the 
execution  of  this  agency  the  Legislature  was  not  and  could  not  be 
restrained  by  the  provisions  of  the  State  Constitution.  It  is  vitally  neces- 
sarv   to    the   conclusion    reached    by   these   arguments    that    the    Enabling 


CONVENTION    OF    OKLAHOMA.  427 

Act  should  be  interpreted  as  constituting  the  Legislature,  as  a  body  of 
individuals  and  not  as  a  parliamentary  body,  the  agent  of  the  United 
States.  But  it  is  not  susceptible  of  such  an  interpretation.  It  granted 
the  lands  to  the  State  of  Montana,  and  the  title  to  them,  when  selected, 
vested  in  the  grantee.  In  the  same  Act  the  people  of  the  Territory, 
about  to  become  a  State,  were  authorized  to  choose  Delegates  to  a  Con- 
vention charged  with  the  duty  of  forming  a  Constitution  and  State  Gov- 
ernment. It  was  contemplated  by  Congress  that  the  Convention  would 
create  the  Legislature,  determine  its  place  in  the  State  Government,  its 
relations  to  the  other  Governmental  Agencies,  its  methods  of  procdure, 
and,  in  accordance  with  the  universal  practice  of  the  States,  limit  its 
powers.  It  is  not  to  be  supposed  that  Congress  intended  that  the  author- 
ity conferred  by  Section  17  of  the  Enabling  Act  upon  the  Legislature 
should  be  exercised  by  the  mere  ascertainment  of  its  will,  perhaps  when 
not  in  stated  session,  or  by  a  majority  of  the  votes  of  the  two  houses, 
sitting  together,  or  without  the  assent  of  the  executive,  or  independently 
of  the  methods  and  limitations  upon  its  powers  prescribed  by  its  creator. 
On  the  contrary,  the  natural  inference  is  that  Congress,  in  designating 
the  Legislature  as  the  agency  to  deal  with  the  lands,  intended  such  a 
Legislature  as  would  be  established  by  the  constitution  of  the  State.  It 
was  to  a  Legislature  whose  powers  were  certain  to  be  limited  by  the 
organic  law,  to  a  Legislature  as  a  parliamentary  body,  acting  within  it5 
lawful  powers,  and  by  parliamentary  methods,  and  not  to  the  collection 
of  individuals,  who  for  the  time  being  might  happen  to  be  members  of 
that  body  that  the  authority  over  these  lands  was  given  by  the  Enabling 
Act.  It  follows,  therefore,  that  in  executing  the  authority  entrusted  to 
it  by  Congress,  the  Legislature  must  act  in  subordination  to  the  State 
Constitution,  and  we  think  that  in  so  holding  the  Supreme  Court  of  the 
State  committed  no  error." 

But  counsel  for  defendant  in  error  rely  upon  the  case  of  Wells-  v. 
Bain,  75  Pa.  St.,  39,  in  support  of  their  contention  that  the  Convention 
possesses  only  such  powers  as  are  expressly  granted  in  the  Enabling  Act, 
and  such  implied  or  incidental  powers  as  are  necessary  to  carry  into 
effect  the  express  powers  thus  granted  by  Congress,  and  that  if  the  Con- 
vention exceeds  such  powers,  then  the  powers  of  the  Courts  can  be 
invoked  to  enjoin  or  restrain  it  from  submitting  such  propositions  in  the 
Constitution  or  Ordinance  to  a  vote  of  the  people.  In  this  case,  it  appears 
that  an  Act  of  the  Legislature  authorized,  in  pursuance  of  a  vote  of  the 
people,  the  election  of  Delegates  to  a  Convention  to  revise  and  amend  the 
Constitution,  and  directed  the  Convention  to  submit  the  proposed  amend- 
ments to  the  voters  of  the  State  at  such  time  and  "in  such  manner  as 
the  Convention  shall  prescribe,"  but  also  directed  that  the  election  to 
decide  for  or  against  the  amendments  "shall  be  conducted  as  the  general 
elections   of   this   Commonwealth   are   now   by   law   conducted."     By    the 


428  JOURNAL  OF  CONSTITUTIONAL 

then  existing  election  laws,  the  elections  were  conducted  by  inspectors. 
The  Convention,  by  an  Ordinance,  appointed  certain  persons  to  have  direc- 
tion of  the  election  on  the  amendments,  to  fill  vacancies,  to  appoint 
Judges  and  Inspectors,  etc.  And  it  was  there  held  that  the  part  of  the 
Ordinance  relating  to  the  election  -was  in  conflict  with  the  election  laws 
enacted  by  the  State  Legislature,  and  was  therefore  void.  But  in  this 
case  there  was  no  attempt  to  enjoin  the  submission  of  the  Constitution, 
or  any  of  its  provisions,  to  a  vote  of  the  people;  nor  was  there  any 
attempt  to  restrain  or  enjoin  the  Convention,  its  Officers  or  Delegates, 
from  discharging  their  functions.  But  the  action  was  instituted  after 
the  Convention  had  completed  its  labors,  and  it  had  for  its  object  the 
sole  purpose  of  enjoining  that  portion  of  the  Ordinance  which  attempted 
to  create  election  officers  which  were  unauthorized,  and  who  were  attempt- 
ing to  supplant  or  supersede  the  officers  who  were  charged,  as  it  was 
there  contended  and  held,  with  the  duty  of  conducting  such  election  by 
virtue  of  an  Act  of  the  Legislature,  which  provided  for  the  election  of 
Delegates  to  amend  and  revise  the  Constitution.  This  decision  seems 
to  be  in  irreconcilable  conflict  with  the  decisions  of  the  highest  Courts 
of  the  land.  The  Convention  was  authorized  by  a  direct  vote  of  the 
people  to  revise  and  amend  the  State  Constitution.  The  power  of  the 
Convention  to  revise  and  amend  the  Constitution  was  not  a  delegated 
power  derived  from  the  Legislature,  but  it  derived  its  power  directly  from 
the  people.  And  in  the  performance  of  the  powers  and  duties  and  obliga- 
tions resting  upon  the  Constitution,  it  could  have  no  superior  but  the 
people  themselves.  Manifestly,  to  hold  otherwise  would  be  to  degrade 
the  powers  of  the  Convention  below  the  level  of  the  lowest  Legislative 
or  Municipal  body.  Clearly,  such  is  not  the  office,  functions,  and  powers 
of  the  Constitutional  Convention.  This  decision  was  severely  criticised 
at  the  time  by  the  ablest  members  of  the  bar  of  the  State,  and  was 
repudiated  by  the  Constitutional  Convention  of  New  York  in  1894, 
which  was  composed  of  some  of  the  greatest  lawyers  and  most  eminent 
statesmen  of  our  times. 

The  Courts  Have  No  Power  to  Restrain  or  Enjoin  the  Convention. 
The  Convention  being  vested  with  legislative  powers  and  functions 
its  acts  and  proceedings,  in  the  performance  of  such  duties,  are  not 
subject  to  Judicial  control  or  interference.  The  power  of  the  Courts  to 
enjoin  or  restrain  the  Convention,  its  Officers  or  Delegates,  from  exer- 
cising the  rights,  powers,  and  duties  confided  to  them,  must,  therefore, 
be  denied.  Nor  have  the  Courts  the  power  or  jurisdiction  to  enjoin  or 
restrain  the  submission  of  the  Constitution  or  any  proposition  contained 
therein  to  a  vote  of  the  people.  This  conclusion,  it  seems  to  us,  is  self- 
evident.  No  case  has  been  cited,  and  we  are  unable,  by  the  most  dili- 
gent research,  to  find  a  case,  from  the  foundation  of  the  Government 
down  to  the  present  time,  where  any  Court  has  ever  restrained  or  enjoined 


CONVENTION    OF   OKLAHOMA.  429 

a  Constitutional  Convention,  its  Officers  or  Members.  Nor  has  any  case 
been  cited  or  found  where  the  Constitution,  or  any  of  the  propositions 
contained  therein,  was  ever  enjoined  by  any  Court  prior  to  the  time  the 
Constitution  was  adopted.  If,  therefore,  the  Convention,  or  its  Officers 
and  Delegates,  could  be  enjoined  by  the  Courts  from  exercising  legislative^ 
functions,  such  as  the  creating  and  defining  of  Counties  in  Oklahoma  or 
Indian  Territory,  or  of  defining  and  describing  the  boundaries  of  the 
Counties  in  the  proposed  State,  and  which  in  effect  would  divide  or 
change  the  Counties  as  they  now  exist  in  the  Territory  of  Oklahoma,  and 
If  this  part  of  the  Constitution  could  be  restrained  and  enjoined  from 
being  submitted  to  a  vote  of  the  people,  then  we  can  perceive  of  no 
sound  reason  why  any  other  portion  of  the  Constitution  could  not  be 
attacked  in  the  Courts  and  its  constitutionality  determined  in  advance 
of  the  submission  of  such  question  or  proposition  to  the  vote  of  the 
people.  To  concede  the  power  of  the  Courts  to  enjoin  and  restrain  the 
Convention  in  the  exercise  of  its  powers  in  incorporating  any  legis- 
lative matter  that  it  may  deem  appropriate  therein,  on  the  ground  that 
it  is  unconstitutional  and  void,  in  advance  of  the  submission  of  the 
same  to  the  people  for  ratification  or  rejection,  and  prior  to  the  time 
that  it  is  approved  by  the  President,  would,  it  seems  to  us,  lead  to  inter- 
minable litigation,  and  the  inevitable  result  would  be  to  tie  the  hands 
of  the  Convention  and  indefinitely  postpone  the  submission  of  the  Con- 
stitution, or  any  of  its  provisions,  to  a  vote  of  the  people.  Fortunately, 
such  is  not  the  law.  If  the  Constitution,  or  any  of  its  provisions,  is 
repugnant  to  the  Constitution  of  the  United  States  or  any  of  the  terms 
and  conditions  of-  the  Enabling  Act,  these  questions  can  be  litigated  and 
determined  at  the  appropriate  time.  The  moment  the  Constitution  is 
ratified  by  the  people,  and  approved  by  the  President  of  the  United 
States,  then  every  section,  clause,  and  provision  therein  becomes  subject 
to  Judicial  cognizance.  That  the  Courts  will  not  interfere  by  injunction, 
or  otherwise,  with  the  exercise  of  legislative  or  political  functions,  is 
well  settled  by  a  long  line  of  adjudicated  cases,  which  we  will  review  at 
some  length,  owing  to  the  great  importance  of  the  questions  Involved  in 
this  case. 

As  early  as  1S31  this  question  was  before  the  Supreme  Court  of  the 
United  States  in  a  suit  brought  by  the  Cherokee  Nation  against  the  State 
of  Georgia.  5  Pet.  1.  This  was  a  bill  in  equity  brought  by  the  Chero- 
kee Nation,  praying  an  injunction  to  restrain  the  State  of  Georgia  from 
the  execution  of  certain  laws  of  that  State,  which  it  was  alleged  would 
annihilate  the  Cherokee  Nation  as  a  political  society,  and  seize  for  the 
use  of  Georgia  the  lands  of  the  Nation  which  had  been  assured  to  them 
by  the  United  States,  in  solemn  treaties  repeatedly  made  and  still  in 
force.     The  opinion  of  the  Court  in  this  case  was  delivered  by  Mr.  Chief 


4  30  JOURNAL  OF  CONSTITUTIONAL. 

Justice  MarshaH,  and  in  the  course  of  the  opinion,  an  page  18,  the  learned 
Chief  Jusice  says: 

"A  serious  additional  objection  exists  to  the  jurisdiction  of  the 
Court.  Is  the  matter  of  the  bill  the  proper  subject  for  Judicial  inquiry 
and  decision?  It  seelis  to  restrain  a  State  from  the  forcible  exercise  of 
legislative  power  over  a  neighboring  people  asserting  their  independence; 
their  right  to  which  the  State  denies.  On  several  of  the  matters  alleged 
in  the  bill,  for  example,  on  the  laws  making  it  criminal  to  exercise  the 
usual  powers  of  self-government  in  their  own  country,  by  the  Cherokee 
N'ation,  this  Court  cannot  interpose;  at  least,  in  the  form  in  which  those 
matters  are  presented. 

"That  part  of  the  bill  which  respects  the  land  occupied  by  the 
Indians,  and  prays  the  aid  of  the  Court  to  protect  their  possession,  may 
be  more  doubtful.  The  mere  question  of  right  might,  perhaps,  be  decided 
by  this  Court,  in  a  proper  case,  with  proper  parties.  But  the  Court  is 
asked  to  do  more  than  decide  on  the  title.  The  bill  requires  us  to  con- 
trol the  Legislature  of  Georgia,  and  to  restrain  the  exertion  of  its  physical 
force.  The  propriety  of  such  an  interposition  by  the  Court  may  be  well 
questioned;  it  savors  too  much  of  the  exercise  of  political  power,  to  be 
within  the  proper  province  of  the  Judicial  Department.  But  the  opinion 
on  the  point  respecting  parties  makes  it  unnecessary  to  decide  this 
question. 

"If  it  be  true,  that  the  Cherokee  Nation  have  rights,  this  is  not  the 
tribunal  in  which  those  rights  are  to  be  asserted.  If  it  be  true,  that 
wrongs  have  been  inflicted,  and  that  still  greater  are  to  be  apprehended, 
this  is  not  the  tribunal  which  can  redress  the  past  or  p'revent  the  future. 
The  motion  for  an  injunction  is  denied." 

In  the  case  of  The  State  of  Mississippi  v.  Johnson,  4  Wall.,  475,  the 
Supreme  Court  of  the  United  States  was  asked  to  restrain  and  enjoin 
Andrew  Johnson,  then  President  of  the  United  States,  and  a  citizen  of 
Tennessee,  from  enforcing  the  Acts  of  Congress  of  March  2  and  23. 
1867,  commonly  known  as  the  Reconstruction  Acts,  on  the  ground  that 
such  Acts  were  unconstitutional  and  void.  Chief  Justice  Chase,  speaking 
for  the  Court,  in  the  course  of  the  opinion,  said: 

"Congress  is  the  Legislative  Department  of  the  Government;  the 
President  is  the  Executive  Department.  Neither  can  be  restrained  in 
Its  action  by  the  Judicial  Department;  though  the  acts  of  both,  when 
performed,  are,  in  proper  cases,  subject  to  its  cognizance." 

And,  again,  he  says: 

"It  is  true  that  a  State  may  file  an  original  bill  in  this  Court.  And 
It  may  be  true,  in  some  cases  that  such  a  bill  may  be  filed  against  the 
United  States.  But  we  are  fully  satisfied  that  this  Court  has  no  juris- 
diction of  a  bill  to  enjoin  the  President  in  the  performance  of  his  official 


CONVENTION    OF   OKLAHOMA.  431 

duties;   and  that  no  such  bill  ought  to  be  received  by  us.  *****  The 
motion  for  leave  to  file  the  bill  is,  therefore,  denied." 

In  the  case  of  State  of  Georgia  v.  Stanton,  6  Wall.,  50,  the  Supreme 
Court  of  the  United  States  had  before  it  for  decision  a  bill  in  equity, 
Bled  by  the  State  of  Georgia,  seeking  to  enjoin  the  Secretary  of  War, 
and  other  officers  who  represented  the  Executive  authority  of  the  United 
States,  from  carrying  into  execution  certain  Acts  of  Congress,  on  the 
ground  that  such  Executive  would  annul  and  totally  abolish  the  exist- 
ing State  Government  of  the  State  and  establish  another  and  different 
one  in  its  place.  In  other  words,  would  overthrow  and  destroy  the 
corporate  existence  of  the  State  by  depriving  it  of  all  the  means  and 
instrumentalities  whereby  its  existence  might,  and  otherwise  would,  be 
maintained.  It  was  held  that  the  bill  called  for  a  judgment  upon  a 
political  question,  and  would  therefore  not  be  entertained  by  the  Court. 
Mr.  Justice  Nelson,  speaking  for  the  Court,  on  page  77  of  the  opinion, 
says: 

"That  these  matters,  both  as  stated  in  the  body  of  the  bill,  and, 
in  the  prayers  for  relief,  call  for  the  judgment  of  the  Court  upon  political 
questions,  and,  upon  rights,  not  of  persons  or  property,  but  of  a  political 
character,  will  hardly  be  denied.  For  the  rights  for  the  protection  of 
which  our  authority  is  invoked,  are  the  rights  of  sovereignty,  of  political 
jurisdiction,  of  government,  of  corporate  existence  as  a  State,  with  all  its 
constitutional  powers  and  privileges.  No  ca.je  of  private  rights  or  private 
property  infringed,  or  in  danger  of  actual  or  threatened  infringement,  is 
presented  by  the  bill,  in  Judicial  form,  for  the  judgment  of  the  Court." 

In  New  Orleans  Water  Works  Company  v.  New  Orleans,  164  U.  S., 
4  71,  the  Supreme  Court  of  the  United  States  had  under  consideration  the 
question  whether  the  Court  would  enjoin  and  restrain  a  Municipal  Coun- 
cil in  the  exercise  of  its  powers  as  a  legislative  body,  and  it  was  there 
held  that: 

"A  Court  of  equity  cannot  properly  interfere  with,  or  in  advance 
restrain  the  discretion  of  a  Municipal  body  while  it  is  in  the  exercise  of 
powers   that   are  legislative   in   their  character." 

In  the  Court  of  the  opinion,  Mr.  Justice  Harlan,  speaking  for  the 
Court,    says: 

"If  it  be  said  that  a  final  decree  against  the  city,  enjoining  it  from 
making  such  grants  in  the  future,  will  control  the  future  action  of  the 
City  Council  of  New  Orleans,  and  will,  therefore,  tend  to  protect  the 
plaintiff  in  its  rights,  our  answer  is  that  a  Court  of  equity  cannot 
properly  interfere  with,  or  in  advance  restrain,  the  discretion  of  a  Munic- 
ipal body  while  it  is  in  the  exercise  of  powers  that  are  legislative  in  their 
character.  It  ought  not  to  attempt  to  do  indirectly  what  it  could  not  do 
directly.  In  view  of  the  adjudged  cases,  it  cannot  be  doubted  that  the 
Legislature  may  delegate  to  Municipal  Assemblies  the  power  of  enacting 


4  32  JOURNAL  OF  CONSTITUTIONAL 

Ordinances  that  relate  to  local  matters,  and  that  such  Ordinances,  if 
legally  enacted,  have  the  force  of  laws  passed  by  the  Legislature  of  the 
State  and  are  to  be  respected  by  all.  But  the  Courts  will  pass  the  line 
that  separates  Judicial  from  Legislatve  authority  if  by  any  order  or  in 
any  mode  they  assume  to  control  the  discretion  with  which  Municipal 
Assemblies  are  invested,  when  deliberating  upon  the  adoption  or  rejec- 
tion of  Ordinances  proposed  for  their  adoption.  The  passage  of 
Ordinances  by  such  bodies  are  Legislative  Acts  which  a  Court  of  equity 
will  not  enjoin.  Chicago  v.  Evans,  24  Illinois,  52,  57;  Des  Moines  Gas 
Co.  v.  Des  Moines,  44  Iowa,  5^5;  1  Dillon  on  Mun.  Corp.,  Section  308, 
and  notes;  2  High  on  Injunctions,  Section  1246.  If  any  Ordinance*  be 
passed  and  is  invalid,  the  jurisdiction  of  the  Courts  may  then  be  invoked 
for  the  protection  of  private  rights  that  may  be  violated  by  its  enforce- 
ment. Page's  case,  34  Maryland,  558,  5  64;  Baltimore  v.  Radecke,  49 
Maryland,    217,    2  31." 

In  State  ex  rel.  Rose  v.  Superior  Court  of  Milwaukee  County,  decided 
by  the  Supreme  Court  of  Wisconsin,  February  27,  1900,  and  reported 
in  48  L.  R.  A.  819,  it  was  held  that  the  passage  of  an  Ordinance  of  the 
City  of  Milwaukee  was  a  legislative  power,  and  that  a  Court  of  equity  had 
no  jurisdiction  to  restrain  the  Common  Council  from  passing  the  same. 
In  this  case  the  Court  had  under  consideration  the  validity  of  an  Ordi- 
nance which  the  Common  Council  of  the  City  of  Milwaukee  attempted  to 
enact.  The  action  was  instituted  in  the  Superior  Court  of  Milwaukee 
County,  having  for  its  object  the  restraining  and  enjoining  of  the  Com- 
mon Council  from  enacting  the  Ordinance.  The  Court  granted  the  injunc- 
tion as  prayed  for.  Notwithstanding  the  injunction,  the  Common  Council 
violated  the  orders  of  the  Court,  and  proceeded  to  enact  the  Ordinance. 
The  members  were  accordingly  cited  to  appear  before  the  Court,  to  show 
cause  why  they  should  not  be  punished  for  contempt.  Upon  the  hearing, 
a  majority  of  the  Common  Council  admitted  to  the  trial  Court  that  they 
had  severally  violated  the  injunction  order  in  question.  The  only  excuse 
given  for  the  violation  was  that  the  Court  was  without  jurisdiction  to 
make  the  order.  Therefore,  the  sole  legal  question  presented  was 
whether  the  Court  had  jurisdiction  of  the  subject-matter.  The  trial 
Court  held  that  it  had  jurisdiction  of  the  subject-matter  of  the  action,  and 
adjudged  the  Common  Council  guilty  of  contempt.  Upon  this  order  and 
judgment  of  the  trial  Court,  application  was  made  to  the  Supreme  Court 
for  a  peremptory  writ  of  prohibition,  to  prohibit  the  execution  of  the 
judgment,  and,  upon  a  full  hearing  and  consideration,  the  writ  was 
awarded,  the  Supreme  Court  holding  that  the  trial  Court  was  without 
jurisdiction  of  the  subject-matter  of  the  action.  In  the  course  of  the 
opinion,  Mr.  Chief  Justice  Cassoday.  speaking  for  the  Court,  says: 

"The  power  so  vested  in  the  Common  Council  is,  within  the  limits 
prescribed,   a  discretionary   power;    and   we  must   hold   that   a   Court   of 


CONVENTION  OF  OKLAHOMA.  433 

equity  has  uo  jurisdiction  to  restrain  the  Commou  Council  from  exercis- 
ing such  discretion,  especially  at  the  suit  of  a  private  party.  It  is  said 
that  the  amendment  to  the  Ordinance,  as  originally  proposed,  was  not 
submitted  to  a  committee  as  required.  It  is  enough  to  say  that  a  Court 
of  equity  has  no  place  in  the  chamber  of  the  Common  Council  to  super- 
vise or  superintend  the  proceedings  of  that  body,  while  engaged  in  the 
exercise  of  legislative  or  discretionary  functions.  The  Common  Council 
of  Milwaukee,  like  other  legislative  bodies  and^Courts,  is  liable  to  commit 
errors  which  may  be  fatal  to  its  action;  but  that  does  not  take  away  its 
power  to  act." 

In  The  Des  Moines  Gas  Co.  v.  The  City  of  Des  Moines,  4  4  Iowa,  505, 
it  was  said  by  the  Supreme  Court  of  Iowa,  having  t'his  question  under 
consideration: 

"The  General  Assembly  is  a  co-ordinate  branch  of  the  State  Gov- 
ernment, and  so  is  the  law-making  power  of  public  Municipal  Corpora- 
tions within  the  prscribed  limits.  It  is  no  more  competent  for  the  Judi- 
ciary to  interfere  with  the  Legislative  Acts  of  the  one  than  the  other. 
But  the  unconstitutional  acts  of  either  may  be  annulled.  Certainly  the 
passage  of  an  unconstitutional  law  by  the  General  Assembly  could  not 
be  enjoined.  If  so,  under  the  pretense  that  any  proposed  law  was  of  that 
character,  the  Judiciary  could  arrest  the  wheels  of  legislation." 

It  is  evident,  then,  from  a  consideration  of  the  authorities,  that 
the  Constitutional  Convention  is  a  legislative  body  of  the  highest  order, 
and  that  it  cannot,  be  interfered  with  by  injunction  in  the  exercise  of  its 
powers.  This  being  true,  the  Convention  was  given  the  power,  and  It 
was  made  its  duty,  to  do  two  things:  (1)  To  form  a  Constitution,  and  (2) 
to  form  a  State  Government. 

The  Constitution  and  State  Goveiiuncnt. 

First,  let  us  briefly  examine  the  difference  between  the  Federal  and 
State  Governments.  Judge  Cooley,  in  his  great  work  on  Constitutional 
Limitations  (7  ed.),  page  11,  states  this  distinction  as  follows: 

"The  Government  of  the  United  States  is  one  of  enunioratx-d  powers; 
the  National  Constitution  being  the  instrument  which  specifies  them, 
and  in  which  authority  should  be  found  for  the  exercise  of  any  power 
which  the  National  Government  assumes  to  possess.  In  this  respect  it 
differs  from  the  Constitutions  of  the  several  States,  which  are  not  grants 
of  powers  to  the  States,  but  which  apportion  and  impose  restrictions  upon 
the   powers   which   the   States   inherently    possess." 

Mr.  Chief  Justice  Waite,  in  United  States  v.  Cruikshank.  92  U.  S.. 
549,  states  the  true  doctrine  as  follows: 

"The  Government  of  the  United  States  is  one  of  delegated  powers 
alone.  Its  authority  is  defined  and  limited  by  the  Constitution.  All 
powers  that  are  not  granted  to  it  by  that  instrument  are  reserved  to  the 


434  JOURNAL  OF  CONSTITUTIONAL 

States  or  to  the  people.  No  rights  can  be  acquired  under  the  Constitu- 
tion or  laws  of  the  United  States,  except  such  as  the  Government  of  the 
United  States  has  the  authority  to  grant  or  secure.  All  that  cannot  be 
so  gram  ted  or  secured  are  left  under  the  protection  of  the  States." 

Chief  Justice  Marshall,  in  the  celebrated  case  of  McCulloch  v.  Mary- 
land. 4  Wheat,  409,  in  speaking  of  the  division  of  sovereignty  appertain- 
ing to  the  United  States  and  to  the  States,  declared: 

"Does  it  belong  to  one  more  than  to  another?  In  America,  the 
powers  of  sovereignty  are  divided  between  the  Government  of  the  Union, 
and  those  of  the  States.  They  are  each  sovereign,  with  respect  to  the 
objects  committed  to  it,  and  neither  is  sovereign,  with  respect  to  the 
objects  committed  to  the  other." 

What,  then  is  a  State  Constitution,  and  what  are  its  attributes? 
Judge  Story,  in  his  worlv  on  the  Constitution,  Vol.  1,  Sec.  339,  says. 
"A  Constitution  is  in  fact  a  fundame.ital  law  or  basis  of  Govern- 
ment, and  falls  strictly  within  the  definition  of  law  as  given  by  Mr. 
Justice  Blackstone.  It  is  a  rule  of  action  prescribed  by  the  supreme 
power  in  a  State,  regulating  the  rights  and  duties  of  the  whole  com- 
munity. It  is  a  rule,  as  contradistinguished  from  a  temporary  or  sudden 
order;    permanent,   uniform  and  universal." 

The  late  Justice  Miller,  of  the  Supreme  Court  of  the  United  States, 
In  his  valuable  work  on  the  Constitution,  page  70,  says: 

"A  Constitution  in  the  American  sense  of  the  word  is  the  written 
instrument  by  which  the  fundamental  powers  of  Government  are  estab- 
lished, limited,  and  defined,  and  by  which  these  powers  are  distributed 
among  the  several  departments  for  their  safe  and  useful  exercise  for  the 
benefit  of  the  body  politic." 

In  Vanhorne  v.  Dorrance,  2  Dall.,  308,  the  Court  defines  a  Consti- 
tution   as    follows: 

"What  is  a  Constitution?  It  is  the  form  of  Government,  delineated 
by  the  mighty  hand  of  the  people,  in  which  certain  first  principles  of 
fundamental  laws  are  established.  The  Constitution  is  certain  and 
fixed;  it  contains  the  permanent  will  of  the  people,  and  is  the  supreme 
law  of  the  land;  it  is  paramount  to  the  power  of  the  Legislature,  and 
can  be  revo4ted  or  altered  only  by  the  authority  that  made  it." 

In  Phoebe  v.  Jay,  1  111.  (Breese)  268,  271,  the  Supreme  Court  of 
Illinois    declared   that: 

"The  term  'Constitution,'  as  applied  to  Government,  is  the  form  of 
Government  instituted  by  the  people  in  their  sovereign  capacity,  in 
which,  first,  the  principal  and  fundamental  laws  are  established.  A  Con- 
stitution is  the  supreme,  permanent,  and  fixed  will  of  the  people  in  their 


CONVENTION   OF   OKLAHOMA.  435 

original,  unlimited,  and  sovereign  capacity,  and  in  it  are  determined   the 
conditions,  rights  and  duties  of  every  individual  of  the  community." 

The  Supreme  Court  of  Indiana,  in  the  case  of  In  re  Denny,  150  Ind. 
104,  59  N.  B.,  359,  said: 

"In  our  system  of  Government,  a  written  Constitution  is  the  highest 
expression  of  law;  none  other  emanates  directly  from  the  sovereign 
people  themselves.  It  is  the  deliberate  and  affirmative  utterance  of  the 
sovereign  majority." 

In  Taylor  v.  Governor,  1  Ark.  2  7,  it  is  said: 

"What  is  a  Constitution?  The  Constitution  of  an  American  State 
is  the  supreme,  organized,  and  written  will  of  the  people  acting  in  Con- 
vention and  assigning  to  the  different  departments  of  the  Government 
their  respective  powers.  It  may  limit  and  control  the  action  of  these 
departments,  or  it  may  confer  upon  them  any  extent  of  power  not  incom- 
patible with  the  Federal  compact.  By  an  inspection  ana  examination  of 
all  the  Constitutions  of  our  own  country  they  will  be  found  to  be  nothing 
more  than  so  many  restrictions  and  limitations  upon  the  departments  of 
the  government  and  the  people." 

In  8  Cyc.  717,  the  doctrine  is  clearly  stated  as  follows: 
"A    State   Constitution   consists    of    a    number    of    fundamental    laws 
passed    by,    and    alterable    and    repealable    alone    by,    the    people;    it    is 
superior  to   the   will   of  the   Legislature,   the   validity   of  whose   Acts   is 
determined  by  its  provisions." 

Citing  with  approval  Taylor  v.  Governor,  1  Aik.  21,  27;  Lynn  vs. 
Polk,  8  Lea.  (Tenn.)  121,  165;  and  Bates  v.  Kimball,  2  D.  Chipm.  (Vt.) 
77,  84,  where  it  is  said: 

"When  the  people  associate,  and  enter  into  compact  for  the  pur- 
pose of  establishing  Government,  that  compact,  whatever  may  be  its  pro- 
visions, or  in  whatever  language  it  may  be  written,  is  the  Constitution  of 
the  State,  revocable  only  by  the  people,  or  in  the  manner  they  prescribe." 
In  short,  the  Constitutional  Convention,  su'bject  to  the  Constitution 
of  the  United  States,  and  the  limitations  and  restrictions  contained  in  the 
Enabling  Act,  had  full  power  and  authority  to  incorporate  in  the  Con- 
stitution any  provision  which  it  deemed  appropriate. 

But  this  does  not  mean,  as  it  was  stated  by  the  learned  trial  Court, 
that  if  such  power  is  conceded  to  the  Convention,  it  had  "the  power  to 
repeal  all  laws,  abolish  ail  institutions,  and  displace  all  officers,  from 
the  highest  to  the  very  lowest."  No  such  power  was  confided  to  the 
Convention,  nor  has  it  exercised  such  powers.  Clearly,  to  repeal  existing 
laws  of  the  Territory,  and  to  displace  any  existing  officers,  would  be  to 
act  in  direct  opposition  to  the  express  provisions  of  Section  6.  of  the 
Enabling  Act,  which  provides: 

"And  the  said  Representatives,  together  with  the  Governor  and 
other  officers  provided   for  in   said   Constitution,   shall   ho   ob^ctod    on   the 


436  JOURNAL  OF  CONSTITUTIONAL 

same  day  of  the  election  for  the  ratification  or  rejection  of  the  Consti- 
tution; and  until  said  officers  are  elected  and  qualified  under  the  pro- 
visions of  such  Constitution  and  the  said  State  is  admitted  into  the 
Union,  the  Territorial  officers  of  Oklahoma  Territory  shall  continue  to 
discharge   the    duties   of    their   respective   offices   in   said   Territory." 

But,  the  grant  by  Congress  to  form  a  Constitution  and  State  Gov- 
ernment carries  with  it  everything  that  is  essential  to  effectuate  its 
object.  We  are  unable  to  perceive  how  a  State  Government  could  be 
created,  and  officers  for  a  full  State  Government  provided  for,  unless  the 
Convention  had  the  power  to  fix  and  define  the  Counties  within  the  entire 
State,  and  to  provide  by  Ordinance  for  necessary  temporary  election 
machinery,  and  for  putting  the  State  Government  into  operation  when 
the  Constitution  is  ratified  by  the  people  and  the  President  issues  his 
proclamation  admitting  the  State  into  the  Union  on  an  equal  footing  with 
the    original    States. 

This  leads  us  to  the  next  question:  What  is  a  State  Government, 
within   the  purview   of  the  Enabling  Act? 

The  Convention  was  not  only  authorized  to  form  a  Constitution,  but 
it  was  expressly  authorized  and  empowered  to  form  a  State  Government. 
It  seems  to  us  that  the  creation  of  Counties  and  Townships  is  abso- 
lutely essential  and  indispensable  to  the  formation  of  a  State  Govern- 
ment. In  fact.  Counties  and  Townships  have  been  inseparable  parts 
of  every  State  Government  since  the  admission  of  the  original  thirteen 
States  into  the  Union.  Indeed,  such  Counties  antedate  the  adoption  of 
the  Federal  Constitution.  And  it  will  be  presumed  that  when  Congress 
authorized  the  people  of  Oklahoma  and  Indian  Territory  to  form  a  Con- 
stitution and  State  Government  and  be  admitted  into  the  Union  on  an 
equal  footing  with  the  original  States,  it  intended  that  such  a  State 
Government  should  be  formed.  No  particular  form  of  Government  was 
prescribed,  and  the  only  limitations  thereon  are  that  the  Constitution 
and  State  Government  shall  be  republican  in  form,  and  not  repugnant 
to  the  Federal  Constitution  and  the  principles  of  the  Declaration  of 
Independence,  etc. 

It  is  to  be  presumed  that  Congress  knew  the  conditions  existing  in 
the  Indian  Territory,  and  knew  that  no  Counties  had  been  formed  or 
created  therein,  and  that  it  was  absolutely  essential  for  the  Convention 
to  create  Counties,  and  to  provide  the  necessary  machinery  for  holding 
the  election  for  submitting  the  Constitution  to  a  vote  of  the  people.  It 
also  knew  that  the  Territory  of  Oklahoma  contained  organized  Counties, 
and  that  each  County  had  a  full  complement  of  County  Officers,  and 
that  they  were  exercising  their  powers  and  duties  as  such  under  the 
laws  of  Oklahoma  Territory,  except  the  Osage  Indian  Reservation,  which 
was  an  unorganized  County,  and  attached  to  Pawnee  County,  under  the 
Organic    Act,    for    Judicial    pur])oses.       There    was    no    injiibition    place>l 


CONVENTION    OP   OKLAHOMA.  437 

upon  the  Convention  against  creating  and  defining  tlie  Counties  in  the 
proposed  State,  and  the  only  inhibition  placed  upon  the  Convention  is 
that  provided  in  Section  21,wiih  reference  to  the  Osage  Indian  Reservation, 
ivhere  it   is   declared  that: 

"That  the  Constitutional  Convention  may  by  Ordinance  provide  for 
the  election  of  officers  for  a  full  Stale  Uovernnient,  including  Members 
of  the  Legislature  and  Five  Representatives  to  Congress,  and  shall  con- 
Btitute  the  Osage  Indian  Reservation  a  separate  County,  and  provide  that 
it  shall  remain  a  separate  County  until  the  lands  in  the  Osage  Indian 
Reservation  are  allotted  in  severalty  and  until  changed  l)y  the  Legis- 
lature of  Oklahoma." 

In  the  absence  of  any  express  prohibition  upon  the  Convention,  it 
had  full  and  complete  power  to  establish  and  define  all  the  Counties  in 
the  proposed  State,  as  a  necessary  incident  to  the  formation  of  a  State 
Government.  The  power  to  form  a  State  Government  clearly  implies  the 
power  to  create  and  define  every  County  within  the  limits  of  the  new 
State,  the  only  limitation  upon  the  Convention  in  this  respect  being  that 
the  Osage  Indian  Reservation  shall  remain  a  separate  County  until  the 
lands  in  the  Osage  Reservation  are  allotted  in  severalty,  and  until 
changed  by  the  Legislature  of  the  State  of  Oklahoma. 

Manifestly,  the  Territorial  Government  and  all  the  Counties  organ- 
ized thereunder  were  intended  to  be  for  temporary  purposes  only,  and  to 
remain  as  such  until  the  State  Government  was  created  and  organized. 
It  is  difficult  to  perceive  how  the  Convention  could  have  organized  a  full 
State  Government  without  defining  and  fixing  the  boundaries  of  the 
Counties  throughout  the  entire  State.  In  this  connection,  it  must  be 
borne  in  mind  that  the  Convention  was  not  created  for  the  purpose  of 
forming  a  Government  for  Oklahoma  or  Indian  Territory,  but  they 
were  charged  with  the  power,  duty,  and  responsibility  of  forming  a 
State  Government  for  all  the  people  of  the  proposed  State  of  Oklahoma, 
and  in  fixing  the  boundaries  of  the  Counties  throughout  the  entire  State, 
there  were  no  limitations  whatever  placed  upon  the  Convention,  except 
with  reference  to  the  Osage  Indian  Reservation,  as  above  stated.  Accord- 
ingly, the  Convention  did,  by  the  terms  and  provisions  of  the  Constitu- 
tion, fix  and  define  and  name  each  of  the  Counties  of  the  proposed 
State,  and  designated  the  County  Seats  therein,  and  also  provided  how 
the  County  lines  might  be  changed,  or  the  County  Seats  removed.  The 
wisdom,  expediency,  or  propriety  of  such  action  is  a  question  that  was 
peculiarly  confided  to  the  Convention,  and  is  not  the  subject  at  this  time 
of  Judicial  cognizance. 

That  Counties  and  Townships  are  parts  of  a  State  Government  is  so 
well  settled  by  the  adjudicated  cases,  is  no  longer  open  to  serious  Judicial 
controversy. 

In    Board   of   County   Commissioners   of   Greer  County    v.    Watson,    7 


438  JOURNAL  OF  CONSTITUTIONAL 

Oklahoma,  174,  this  Court,  speaking  by  Chief  Justice  Burford,  defined 
a  County  as  follows: 

"A  County  is  an  involuntary  political  and  civil  division  of  the  Ter- 
ritory, created  by  Statute  to  aid  in  the  administration  of  Governmental 
affairs,  and  possessed  of  a  portion  of  the  sovereignty.  All  the  powers 
with  which  it  is  intrusted  are  the  powers  of  the  sovereignty  which  created 
it,  and  all  the  duties  with  which  it  is  charged  are  the  duties  of  the 
sovereignty." 

In  Commissioners  of  Tolbert  County  v.  Queen  Anne's  County,  50 
Md.,   245,  it  is  said: 

"A  County  is  one  of  the  Territorial  divisions  of  the  State  created 
for  public  and  political  purposes  connected  with  the  adminstration  of 
the  State  Government." 

This  language  was  quoted  with  approval  by  the  Supreme  Court  of 
the  United  States  in  Washer  v.  Bullitt  County,  110  U.  S.  562. 

In  Commissioners  of  Laramie  County  v.  Commissioners  of  Albany 
County,  92  U.  S.  310,  it  was  said  by  the  Supreme  Court  of  the  United 
States: 

"Corporations  of  the  kind  are  properly  denominated  -public  cor- 
porations, for  the  reason  that  they  are  but  parts  of  the  machinery  em- 
ployed to  carry  on  the  affairs  of  the  State." 

And  in  the  course  of  the  opinion,  on  page  311,  Mr.  Justice  Clifford, 
speaking  for  the  Court,  said: 

"Institutions  of  the  kind,  whether  called  Counties  or  Towns,  are  the 
auxiliaries  of  the  State  in  the  important  business  of  Municipal  rule,  and 
cannot  have  the  least  pretension  to  sustain  their  privileges  or  their 
existence  upon  any  thing  like  a  contract  between  them  and  the  Legis- 
lature of  the  State,  because  there  is  not  and  cannot  be  any  reciprocity  of 
stipulation,  and  their  objects  and  duties  are  utterly  incompatible  with 
everything  of  the  nature  of  compact.  Instead  of  that,  the  constant  prac- 
tice is  to  divide  large  Counties  and  Towns,  and  to  consolidate  small  ones, 
to  meet  the  wishes  of  the  residents,  or  to  promote  the  public  interests, 
as  understood  by  those  who  control  the  action  of  the  Legislature.  Oppo- 
sition is  sometimes  manifested;  but  it  is  everywhere  acknowledged  that 
the  Legislature  possesses  the  power  to  divide  Counties  and  Towns  at  theii 
pleasure,  and  to  apportion  the  common  pi'operty  and  the  common  burdens 
in  such  manner  as  to  them  may  seem  reasonable  and  equitable.  School 
Society  v.  School  Society,  14  Conn.  469;  Bridge  Co.  v.  East  Hartford,  16 
id.  172;  Hampshire  v.  Franklin,  16  Mass.  76;  North  Hempstead  v. 
Hempstead,  2  Wend.  109;  Montpelier  v.  East  Montpelier,  29  Vt.  20;  Sill 
v.  Conning,  15  N.  Y.  197;  People  v.  Draper,  id.  54  9;  Waring  v.  Mayor, 
24   Ala.   701;    Mayor  v.   The  State,   15   Md.   376;    Ashby  v.    Wellington,   8 


CONVENTION   OF  OKLAHOMA.  439 

Pick.    524;    Baptist   So.    v.    Candia.    2    N.    H.    20;    Denton    v.    Jackson,    2 
Johns.    Ch.    320." 

In  the  case  of  Eagle  v.  Beard,  33  Ark.,  497,  it  is  said: 

'•The  political  power  is  composed  of  Representatives  from  Counties. 
Through  them  justice  is  administered,  the  revenue  collected,  and  the  local 
police  force  rendered  effective.  Neither  the  Courts  of  Justice,  nor  the 
Executive  of  the  State,  can  perform  any  important  function,  except  in 
the  tribunals,  or  through  the  offices  of  the  Counties." 

In  Woods  V.  Colfax  County,  10  Neb.,  552,  7  N.  W.,  2  69,  Chief  Jus- 
tice  Maxwell,    quoting    from    7    Mass.,    169,    says: 

"A  County  is  a  mere  local  subdivision  of  the  State,  created  by  it 
without  the  request  or  consent  of  the  people  residing  therein.  *  *  * 
County  organization  is  created  almost  exclusively  with  a  view  to  the 
policy  of  the  State  at  large.  *  *  *  With  scarcely  an  exception  all  the 
powers  and  functions  of  the  County  organization  have  a  direct  and  exclu- 
sive reference  to  the  general  policy  of  the  State,  and  are  in  fact  but  a 
branch   of  the  general  administration  of  that  policy." 

In  Commissioners  of  Hamilton  County  v.  Mighels,  7  Ohio  St.,  107, 
Justice  Brinkerhoff  says: 

"Counties  are  legal  subdivisions  of  a  State,  created  by  the  sovereign 
power  of  the  State,  of  its  own  sovereign  will,  without  the  particular 
solicitation,  consent,  or  concurrent  action  of  the  people  who  inhabit 
them." 

In  Ward  v.  County  of  Hartford,  12  Conn.,  406,  Chief  Justice  Wil- 
liams, speaking  for  the  Court,  says: 

"The  State  is  divided  into  Counties  for  public  purposes,  and  par- 
ticularly for  the  more  convenient  administration  of  justice." 

In  Gooch  V.  Gregory,   65  N.  C,  143,  the  Court  says: 

"A  County  is  a  Municipal  Corporation  ci-eated  by  law  for  public  and 
political  purposes  and  constitutes  part  of  the  Government  of  the  State." 

It  follows  that  the  Convention  had  the  undoubted  right  to  define 
and  fix  the  boundaries  of  every  County  in  the  proposed  State,  and  to 
change  existing  Counties,  if  they  deemed  it  appropriate,  and  to  define 
Legislative  and  Judicial  Districts,  in  order  that  a  full  State  Government 
might  be  put  into  operation,  and  to  provide  for  the  necessary  machinery 
to  submit  the  Constitution  to  a  vote  of  the  i)eople  for  ratification  or 
rejection. 

TIu-    Convention    May    Provide    for    tlio    Election    of    State,    Coinily,    and 
Other   Officers    Trovidod    for    in    the   Constihition, 

By  Section  21  of  the  Enabling  Act  it  is  provided: 

"That  (he  Constitutional  Convention  may  by  Ordinance   provide   for 


4  40  JOURNAL  OF  CGXSTITUTIONAL 

the  election   of  Officers   for  a   full   State  Government,    including  Members 
of  the  Legislature  and  five  Representatives  to  Congress." 

And  by  the  last  clause  of  Section  6  of  said  Act,  it  is  provided: 
'•And  the  said  Representatives,  together  with  the  Governor  and 
other  Officers  provided  for  in  said  Constitution,  shall  be  elected  on  the 
same  day  of  the  election  for  the  ratification  or  rejection  of  the  Constitu- 
tion; and  until  said  Officers  are  elected  and  qualified  under  the  pro- 
visions of  such  Constitution  and  the  said  State  is  admitted  into  the 
Union,  the  Territorial  Officers  of  Oklahoma  Territory  shall  continue  to 
discharge  the  duties  of  their  respective  offices  in  said  Territory." 

It  will  thus  be  seen  that  Congress  granted  the  power  and  authority 
to  the  Convention  to  provide  by  Ordinance  for  the  election  of  Officers 
for  a  full  State  Government.  What,  then,  is  a  full  State  Government 
within  the  meaning  of  this  Act?  In  our  opinion,  Officers  for  a  full  State 
Government  includes  not  only  the  State  Officers  whose  powers  and  duties 
are  co-extensive  with  the  limits  of  the  State,  but  includes  all  the  Officers 
whose  duties  are  in  any  manner  connected  with  the  administration  of  the 
State  Government.  Hence,  we  think  the  Convention  had  the  power  to 
provide  in  the  Ordinance  for  the  election  of  all  the  Officers  which  were 
provided  for  in  the  Constitution,  from  the  highest  to  the  lowest.  It 
seems  to  us  to  hold  otherwise  would  be  to  place  a  very  strained  and 
narrow  interpretation  upon  the  language  used  in  the  Act,  that  the  Con- 
vention may  by  Ordinance  provide  for  the  election  of  Officers  for  a  full 
State  Government.  And  since  we  have  already  decided  that  the  Counties 
and  Townships  are  necessary  and  indispensable  parts  of  the  State  Gov- 
ernment, it  must  follow,  as  an  inevitable  conclusion,  that  the  Convention 
had  the  power  to  provide  for  the  election  of  State,  County,  and  other 
Officers   provided   for  in  the  Constitution. 

Tho  Ordinance. 

What  is  an  Ordinance,  and  what  are  its  objects?  Section  4  of  the 
Ena])ling  Act,  provides: 

"That  in  case  a  Constitution  and  State  Government  shall  be  formed 
in  compliance  with  the  provisions  of  this  Act  the  Convention  forming 
the  same  shall  provide  by  Ordinance  for  submitting  said  Constitution  to 
the  people  of  said  proposed  State  for  its  ratification  or  rejection  at  an 
election  to  be  held  at  a  time  fixed  in  said  Ordinance,"  etc. 

It  will  thus  be  seen  that  the  Enabling  Act  provides  that  the  Con- 
vention "shall  provide  by  Ordinance  for  submitting  said  Constitution  to 
the  people,"  etc.  The  language  here  used  is  clear,  specific,  and  manda- 
tory in  its  terms. 

An  Ordinance,  as  used  in  this  Act,  has  the  force  and  effect  of  a 
legislative  enactment  or  law  for  the  pui-poses  therein  named.  Manifestly, 
it  is  a  law  which  is  essential  to  carrying  into  effect  the  objects  for  which 
the  Convention  was  created.     Thus  we  speak  of  the  famous  Ordinance  of 


CONVENTION    OF   OKLAHOMA.  441 

1787,  which  created  a  Government  of  that  portion  of  the  Territory  of 
the  United  States  northwest  of  the  Ohio  River,  and  known  as  the  North- 
west   Territory. 

It  will  thus  be  seen  that  Congress  conferred  direct  and  express 
power  and  authority  upon  the  Convention  to  pass  an  appropriate  Ordi- 
nance to  submit  the  Constitution  to  the  people  for  its  ratfication  or 
rejection,  at  an  election  at  a  time  fixed  in  said  Ordinance,  by  the  Con- 
vention. Such  an  Ordinance,  when  once  adopted  by  the  Constitution, 
has   the   force   and   effect   of   statute   law. 

The  distinction  between  a  Constitution  and  an  Ordinance  is  this: 
The  Constitution  is  the  permanent  fundamental  law  of  the  State.  It  is 
of  a  stable  and  permanent  character.  As  is  ai)propri;itely  said  in  Van- 
horne  v.   Dorrence,   2   Dall.,   308: 

"The  Constitution  of  a  State  is  stable  and  permanent,  not  to  be 
worked  upon  by  the  temper  of  the  times,  nor  to  rise  and  fall  with  the 
tide  of  events;  notwithstanding  the  competition  of  opposing  interests, 
and  the  violence  of  contending  parties,  it  remains  firm  and  immovable, 
as  a  mountain  amidst  the  strife  of  storms,  or  a  rock  in  the  ocean  amidst 
the  raging  of  the  waves." 

But,  under  the  terms  of  the  Enabling  Act,  it  is  prospective  in  its 
operation  only.  That  is,  it  does  not  become  operative  until  it  is  ratified 
by  the  people,  and  approved  by  the  President  of  the  United  States.  On 
the  other  hand,  an  Ordinance,  as  used  in  this  Act,  refers  to  a  merely 
temporary  law,  its  object  being  to  carry  into  effect  the  formation  of  the 
Constitution  and  fundamental  law  of  the  State,  to  provide  a  mode  and 
means  for  an  election  of  a  full  State  Government,  including  the  Members 
of  the  Legislature  and  five  Representatives  to  Congress,  and  becomes 
operative  immediately   upon  its  adoption. 

Section  1  of  the  Election  Ordinance,  adopted  by  the  Convention  on 
April    2  2,   1907,  provides  as   follows: 

"Said  election  shall,  in  all  respects,  be  held  and  conducted  in  the 
manner  required  by  the  laws  of  the  Territory  of  Oklahoma  for  elections 
therein,  when  not  in  conflict  with  the  Enabling  Act  and  as  supplemented 
by  this  Ordinance,  and  the  returns  of  said  election  shall  be  made  to 
the  Secretary  of  the  Territory  of  Oklahoma,  who,  with  the  Chief  Justice 
thereof,  and  the  senior  .Judge  of  the  United  States  Court  of  Appeals  for 
the  Indian  Territory,  shall  canvass  the  same,  and  if  a  majority  of  the 
legal  votes  cast  on  that  question  shall  be  for  the  Constitution,  the  Gov- 
ernor of  Oklahoma  Territory,  and  the  Judge  senior  in  service  of  the 
United  States  Court  of  Appeals  for  the  Indian  Territory  shall  certify  the 
result  to  the  President  of  the  United  States,  together  with  the  state- 
ment of  the  votes  cast  thereon,  and  upon  separate  articles  or  proposi- 
tions,  and   a   copy  of  said   Constitution,   articles,   propositions,   and    Ordi- 


442  JOURNAL  OF  CONSTITUTIONAL 

nances,  and  in  all  respects  comi)ly  with  the  provisions  of  said  Enabling 
Act." 

And   Section   8   of  said   Ordinance  provides: 

"That  the  election  laws  of  the  Territory  of  Oklahoma  now  in  force, 
as  far  as  applicable  and  not  in  conflict  with  the  Enabling  Act,  including 
the  penal  laws  of  said  Territory  relating  to  election  and  illegal  voting, 
are  hereby  extended  and  put  in  force  throughout  the  proposed  State  of 
Oklahoma  until  the  Legislature  of  said  proposed  State  shall  otherwise 
provide,  and  until  all  persons  offending  against  said  laws  in  the  elections 
aforesaid,  shall  have  been  dealt  with  in  the  manner  therein  provided, 
and  the  Courts  of  said  State  shall  have  power  to  enforce  said  laws  in  the 
same  manner  as  other  criminal   laws  of  said  State." 

It  will  thus  be  seen  that  the  Convention,  in  its  Ordinance,  expressly 
put  in  force  the  election  laws  of  Oklahoma,  as  far  as  applicable  and  not 
in  conflict  with  the  Enabling  Act,  including  the  penal  laws  of  said  Ter- 
ritory relating  to  elections  and  illegal  voting,  and  expressly  provides 
that  the  Courts  of  said  State  shall  have  power  to  enforce  said  laws  in 
the  same  manner  as  other  criminal  laws  of  said  State,  until  all  persons 
offending  against  said  laws  shall  have  been  dealt  with  in  the  manner 
therein    provided. 

It  seems  to  us  that  it  was  clearly  the  duty  of  the  Convention,  in 
its  Ordinance,  to  provide  the  necessary  machinery  for  holding  such  election 
in  all  the  newly  created  Counties  of  the  proposed  State.  The  Officers 
created  in  the  new  Counties  in  the  Indian  Territory  and  Oklahoma  Ter- 
ritory were  merely  for  the  temporary  purpose  of  providing  the  necessary 
election  machinery  to  carry  into  effect  the  objects  of  the  Convention. 
These  officers  are  merely  temporary,  and  they  do  not  supersede  or 
supplant  any  of  the  existing  officers,  who  are  ciharged  with  the  power 
And  duty  under  the  Election  Ordinance  to  carry  into  effect  the  duties 
devolving  on  them,  and  they  possess  and  exercise  no  powers,  except  such 
as  granted  for  the  purpose  of  carrying  into  effect  the  provisions  of  the 
Election  Ordinance.  The  manifest  intention  of  the  Enabling  Act  was 
that  the  Convention  should  by  Ordinance  make  uniform  and  specific 
provisions  throughout  the  proposed  State  for  the  holding  of  said  election. 
I.s  the  Constitution  Republican  in  Form? 

But  one  question  remains,  and  that  is.  Is  the  proposed  Constitution 
republican   in   form? 

Article  4,  Section  4,  of  the  Constitution  of  the  United  States,  pro- 
vides that: 

"The  United  States  shall  guarantee  to  every  State  in  this  Union  a 
republican    form    of    Government." 

And  Section   3,  of  the  Enabling  .\ct,  i)rovides  that: 

"The  Constitution  shall  be  republican  in  form,  and  make  no  dis- 
tinction in  civil  or  political  rights  on  account  of  race  or  color,  and  shall 


CONVENTION   OP   OKLAHOMA.  443 

not  1)0  repni^ruuit  to  the  Constitution  of  the  United  States  and  the  piin- 
ciph>s  of  the  Declaration  of  Independence." 

Til  is  leads  us  to  the  iaquiry:  In  whom  is  lodged  the  power  and 
authority  to  decide  when  the  Government  is  republican  in  form? 

In  the  case  of  Luther  v.  Borden,  7  How.,  4  2,  the  Supreme  Court  of 
the  United   States,  speaking  by  Chief  Justice  Taney,  says: 

The  fourth  section  of  the  fourth  article  of  the  Constitution  of  the 
United  States  provides  that  the  United  States  shall  guarantee  to  every 
State  in  the  Union  a  republican  form  of  Government,  and  shall  protect 
each  of  them  against  invasion;  and  on  the  application  of  the  Legislature 
or  of  the  Executive  (when  the  Legislature  cannot  be  convened)  against 
domestic   violence. 

Under  this  article  of  the  Constitution  it  rests  with  Congress  to 
decide  what  Government  is  the  established  one  in  a  State.  For  as  the 
United  States  guarantees  to  each  State  a  republican  Government,  Con- 
gress must  necessarily  decide  what  Government  is  established  in  the 
State  before  it  can  determine  whether  it  is  republican  or  not.  And 
when  the  Senators  and  Representatives  of  a  State  are  admitted  into  the 
councils  of  the  Union,  the  authority  of  the  Government  under  which 
they  are  appointed,  as  well  as  its  republican  character,  is  recognized  by 
the  ijroper  constitutional  authority.  And  its  decision  is  binding  on 
every  other  Department  of  the  Government,  and  could  not  be  questioned 
in  a  Judicial  tribunal." 

And  in  Texas  v.  White,  7  Wall.,  730,  the  Supreme  Court  of  the 
United  States  had  occasion  to  reiterate  this  same  doctrine,  where  it  is 
said: 

"But,  the  power  to  carry  into  effect  the  clause  of  guaranty  is  pri- 
marily legislative  power,  and  resides  in  Congress.  'Under  the  fourth 
article  of  the  Constitution,  it  rests  with  Congress  to  decide  what  Gov- 
ernment is  the  established  one  in  a  State.  For,  as  the  United  States 
guarantee  to  each  State  a  republican  Government,  Congress  must  neces- 
sarily decide  what  Government  is  established  in  the  State,  before  it  can 
determine  whether  it  is  republican  or  not." 

By  Section  4  of  the  Enabling  Act  it  is  provided: 
"And  if  the  Constitution  and  Government  of  said  proposed  State 
are  republican  in  form,  and  if  the  provisions  of  this  Act  have  been  com- 
plied with  in  the  formation  thereof,  it  shall  be  the  duty  of  the  Presi- 
dent of  the  United  States,  within  twenty  days  from  the  receipt  of  the 
certificate  of  the  result  of  said  election  and  the  statement  of  the  votes 
cast  thereon  and  a  copy  of  said  Constitution,  articles,  propositions,  and 
Ordinances,  to  issue  his  proclamation  announcing  the  result  of  said 
election;  and  thereupon  the  proposed  State  of  Oklahoma  shall  be  deemed 


•14  4  JOURNAL  OF  CONSTITUTIONAL, 

admitted  by  Congress  into  the  Union,  under  and  by  virtue  of  this  Act,  on 
an  equal  footing  with  the  original  States." 

It  will  thus  be  seen  that  the  power  to  determine  whether  the  Con- 
stitution is  republican  in  form  is  primarily  a  legislative  power,  and  resides 
in  Congress;  but  this  power  was  delegated  by  Congress  to  the  President, 
and  this  question  is  not  the  subject  of  Judicial  cognizance. 

We  therefore  hold  that  the  Constitutional  Convention  has  the  power 
and  authority  to  submit  to  the  people  of  the  proposed  State  of  Oklahoma 
the  provisions  in  the  Constitution  providing  for  the  creation  of  the 
Counties  of  Alfalfa  and  Major  of  territory  formerly  embraced  in  Woods 
County.  That  under  the  terms  of  the  Enabling  Act,  authorizing  and 
directing  the  Convention  to  provide  by  Ordinance  for  an  election  to 
submit  the  Constitution  to  a  vote  of  the  people  for  ratification  or  rejec- 
tion, and  for  the  election  of  Officers  for  a  full  State  Government,  the 
Convention  had  the  authority  to  create  the  necessary  election  machinery 
in  these  Counties,  in  order  that  the  Constitution  might  be  submitted  to 
a  vote  of  the  people,  and  that  the  Ordinance  providing  for  such  election 
machinery  in  Alfalfa  and  Major  Counties  is  valid.  It  follows  that  the 
temporary  injunction  granted  by  the  Probate  Judge,  restraining  and 
enjoining  the  Governor  of  Oklahoma,  and  the  President  and  Secretary 
of  the  Constitutional  Convention  from  issuing  or  publishing  any  procla- 
mation in  which  it  is  sought  to  submit  to  the  electors  of  the  proposed 
State  of  Oklahoma,  as  a  part  of  said  Constitution,  the  creation  of  the 
Counties  of  Major  and  Alfalfa,  and  which  restrained  and  enjoined  the 
Officers  provided  for  in  the  Ordinance  from  exercising  the  powers  and 
duties  of  Election  Officers  in  said  Counties,  was  improvidently  issued, 
and  that  the  District  Court  committed  error  in  refusing  to  dissolve  the 
injunction,  and  in  overruling  the  demurrer  to  the  petition,  and  in  enter- 
ing the  decree  making  the  temporary  injunction  perpetual. 
The   Decree: 

The  judgment  of  the  District  Court  of  Woods  County  is  therefore 
reversed,  and  in  order  that  there  may  be  no  inconvenience  or  delay  in 
carrying  into  effect  the  decree  of  this  Court,  it  is  hereby  ordered,  con- 
sidered, adjudged,  and  decreed  that  the  judgment  of  the  District  Court 
of  Woods  County  be  and  the  same  is  hereby  vacated,  set  aside,  and  held 
for  naught;  and  it  is  further  ordered,  considered,  adjudged,  and  decreed 
that  the  injunction  granted  in  said  cause  is  hereby  dissolved,  vacated, 
set  aside,  and  held  for  naught,  and  the  said  cause  is  hereby  dismissed  at 
the  costs  of  the  plaintiff. 

Pancoast,  J.,  having  tried  the  cause  in  the  Court  below,  not  sitting. 
Irwin,  J.,  dissenting,  and  Burwell,  J.,  dissenting,  in  part  and  concurring 
!n   part. 

Burford,  C.  J.: 

While  I  concur  in  the  conclusions  reached  and  judgment  announced 


CONVENTION  OP  OKLAHOMA.  445 

in  the  opinion  ffy  Justice  Hainer,  I  am  unable  to  consent  to  some  of  the 
statements  and  reasons  therein  contained.  In  the  decision  of  one  of 
cases  involved  in  this  general  controversy  in  the  District  Court  of  Logan 
County,  I  announced  my  views  upon  some  of  the  questions  involved  in 
this  cause,  but  after  more  comprehensive  argument  by  able  and  indus- 
trious counsel  and  more  careful  research  and  extensive  investigation  1 
am  compelled  to  modify  my  views  somewhat  as  to  the  powers  and  cliar- 
acter  of  the  Constitutional  Convention. 

It  is  said  in  the  opinion  of  the  Coui  c  and  supported  by  the  state- 
ments of  some  of  the  ablest  text  writers  and  jurists,  that  "a  Constitu- 
tional Convention  is  a  legislative  body  of  the  highest  order."  In  my 
judgment  this  proposition  is  incorrect,  unsound  and  unsupported  by 
reason  or  logic,  and  the  statement  is  contradicted  by  the  definition  given 
by  its  authors  of  the  powers  and  procedure  of  a  Constitutional  Conven- 
tion. The  Constitutional  Convention  is  sui  generis.  In  the  American 
form  of  a  republican  Government,  sovereignty  rests  in  the  people,  and 
is  exercised  through  Representatives.  In  forming  a  Constitution  and 
State  Government  the  people  act  through  their  Representatives  in  the 
Convention,  but  they  do  not  delegate  all  their  legislative  power  to  the 
Convention.  They  reserve  unto  themselves  the  power  of  final  approval 
or  disapproval.  The  Convention  formulates,  proposes,  and  submits 
proposals  for  the  frame  of  Government  and  the  fundamental  laws;  the 
people  in  their  sovereign  capacity  enact  these  propositions  into  law.  The 
Convention  has  no  power  to  enact  laws;  it  possesses  no  legislative  powers 
except  such  as  may  be  necessary  to  exercise  in  prescribing  by  Ordinance 
the  methods  and  procedure  for  obtaining  the  expression  of  the  electors 
upon  the  ratification  or  rejection  of  the  proposed  Constitution,  and  for 
the  election  of  the  Officers  provided  for  in  the  Constitution. 

We  have  been  taught  by  observation,  experience  and  history  to 
regard  a  legislative  body  as  one  having  the  power  to  enact  laws,  to  leg- 
islate finally  upon  subjects  within  its  sphere.  A  Constitutional  Con- 
vention is  not  such  a  body.  It  is  a  representative  deliberative  body,  author- 
ized by  law;  it  derives  its  authority  from  Congress,  and  exercises  the 
power  resting  in  the  people.  It  is  legislative  in  character;  it  proceeds 
in  a  legislative  manner,  acts  in  a  legislative  capacity  in  the  exercise  of 
its  powers  in  formulating  and  adopting  propositions  to  be  submitted  for 
final  action,  but  its  powers  to  legislate  arc  of  such  a  limited  and  tem- 
porary character  that  it  cannot  correctly  be  said  to  be  a  legislative  body. 
In  the  exercise  of  its  powers  it  is  supreme,  and  it  is  not  within  the  juris- 
diction of  any  Court  to  interfere  with  or  to  control  it.  It  is  answerable 
only  to  the  people  whose  trust  it  executes,  and  they  to  the  Congress  of  the 
United  States,  which  is  the  power  of  final  determination   upon   all   ques- 


4  46  JOURNAL  OF  CONSTITUTIONAL. 

tions  relating  to  the  form  of  Government  and  provisio'ns  contained  in 
the  Constitution. 

If  the  Convention  has  framed  a  Government  which  is  not  repub- 
lican in  form,  has  provided  an  apportionment  which  violates  that  spirit 
of  justice  and  fairness  which  pervades  the  Declaration  of  Independence 
and  Constitution  of  the  United  States,  and  denies  to  any  portion  of  its 
territory  or  people  equal  rights  under  the  law,  or  has  disregarded  the 
established  principle  of  local  self-government,  then  the  appeal  must  be 
to  the  electors  in  the  first  instance,  and  to  the  President,  to  whom  Con- 
gress has  delegated  its  power  in  the  premises,  in  the  second  instance. 
Such  questions  are  political  and  governmental  and  do  not  come  within 
Judicial  cognizance. 

The  Election  Ordinance  being  in  the  nature  of  a  temporary  law 
and  now  in  force,  is  a  subject-matter  of  Judicial  cognizance.  In  the 
absence  of  any  direction  in  the  Enabling  Act  I  have  no  doubt  but  the  Con- 
vention possessed  the  inherent  power  to  by  Ordinance  provide  for  the 
submission  of  the  Constitution  to  the  electors  for  their  action,  and  for 
the  election  of  a  full  quota  of  State  Officers,  but  there  is  an  express  grant 
of  power  to  that  effect  in  the  Enabling  Act,  and  the  question  presented 
is:  Has  the  Convention  exceeded  its  powers  in  this  particular  ,and 
usurped  the  powers  of  the  Election  Officers  provided  by  and  acting  under 
the  laws  of  Oklahoma?  Conceding  that  the  adoption  of  the  election 
laws  of  Oklahoma  by  the  Enabling  Act  carries  with  it  the  election 
machinery  existing  under  such  law,  it  must  also  be  conceded  that  it  is 
the  duty  of  the  Convention  to  supply  all  defects  in  the  operation  of  such 
machinery,  and  make  the  same,  as  supplemented  by  the  Convention, 
conserve  the  purposes  of  the  entire  proposed  State.  I  find  nothing  in 
the  Election  Ordinance  submitted  by  the  pleadings  in  this  case  which 
(n  my  judgment  transgresses  the  powers  of  the  Convention,  and  upon 
this  proposition  I  am  in  full  accord  with  the  opinion  prepared  by  Mr. 
Justice  Hainer. 

Other  questions  have  been  argued  in  the  several  cases  involving  the 
questions  here  under  consideration,  but  the  determination  of  the  Court 
that  the  questions  of  what  subjects,  their  nature  or  extent,  may  be  by 
the  Convention  proposed  for  approval  or  disapproval,  is  not  one  of 
Judicial  cognizance,  disposes  of  all  questions  relating  to  the  contents  of 
the  proposed-  Constitution. 


CONVENTION  OF  OKLAHOMA  447 


rUESlDENT   MIKKAV'S  ADDUESS   TO   THE   PEOl'LE. 

A  great  clamor  came  from  all  sections  of  the  proposed  State  for 
Pres.  Murray  to  file  the  Constitution,  as  the  same  was  engrossed  on  parch- 
ment, with  the  Territorial  Secretary  of  Oklahoma,  and  which  he  stead- 
fastly refused  to  do.  This  caused  him  to  issue  the  following  address 
from  Guthrie  on  May  the  9th,  1907: 
To  the  Citizens  of  the  Proposed  State  of  Oklahoma: 

You  have  read  numerous  criticisms  by  the  Republican  and  corporate 
press  of  the  state  and  the  carpetbag  Republicans  to  the  effect  that  the 
Constitution  is  hidden  away  in  my  possession;  that  no  one  can  see  a  copy; 
that  since  the  Convention  adjourned  to  the  5th  of  August  it  intends  to  re. 
convene  and  change  the  Constitution,  with  the  further  criticism  that  the 
Constitution  ought  to  be  deposited  with  Mr.  Filson,  Secretary  of  the  Ter- 
ritory of  Oklahoma.  These  statements  are  made  for  the  purpose  of  de- 
ception. Scientists  tell  us  that  the  cuttle  fish  when  pursued  by  its  ene- 
mies emits  a  dark  fluid,  like  ink,  until  one  is  unable  to  tell  of  its  where- 
abouts. The  resolutions  adopted  at  Oklahoma  City  are  but  expressions 
of  political  ink  fish  trying  to  muddy  the  water  and  deceive  the  public  as 
to  where  they  are.  One  can  not  tell  whether  they  are  for  the  Constitution 
or  against  it,  or  whether  they  want  Statehood  or  not  from  their  declara- 
tions and  actions  because  they  have  muddied  the  water  so  that  their  own 
party,  the  rank  and  file  of  whom  desire  Statehood,  can  not  tell  where  they 
stand. 

Relative  to  the  question  upon  which  they  seek  to  deceive  the  public 
as  to  who  should  be  the  custodian  of  the  Constitution,  I  desire  to  call  the 
public's  attention  to  this  distinction:  Frank  Frantz,  as  Governor  of 
Oklahoma,  has  no  authority  to  call  this  election.  His  sole  authority  is 
derived  from  the  election  ordinance  adopted  by  the  Constitutional  Con- 
vention. As  Governor  of  Oklalioma  Territory,  Secretary  Filson  is  his 
custodian  of  records,  but  as  an  officer  of  the  proposed  State  of  Oklahoma, 
authorized  and  created  by  the  Convention,  Secretary  John  M.  Young  and 
myself  are  the  custodians,  hence  at  this  time  Mr.  Filson  has  no  more  au- 
thority or  right  to  the  constitution  than  has  a  private  citizen.  Tf  this  be 
not  true  of  what  use  has  Governor  Frantz  for  the  election  ordinance? 
He  demands  the  original  engrossed  copy,  and  refuses  to  accept  a  certified 
copy,  and  yet  enforcers  laws  enacted  by  Congress  without  such  engrossed 
copies.  But  a  short  while  ago  Judge  Burford  recognized  the  first  elec- 
tion ordinance  (now  repealed)  passed  by  the  Convention  as  a  legitimate 
act  and  it  was  never  filed  with  Filson  or  Frantz.  If  Governor  Frantz  is 
sincere  in  his  statements  that  he  will  abide  the  actions  of  the  courts,  why 


44  8  JOURNAL  OF  CONSTITUTIONAL 

should  he  not  accept  the  ordinances  as  they  were  accepted  by  Judge  Bur- 
lord  and  as  they  have  been  recognized  by  every  court  issuing  injunctions 
against  the  Convention?  Certified  copies  from  the  proper  custodian  of 
laws  or  other  records  are  the  best  evidence  in  courts.  Their  contention 
is  but  a  part  of  a  conspiracy  to  defeat  the  right  of  the  people  to  vote  on 
the  Constitution. 

The  same  Republican  press  is  awai'e  that  the  ordinance  should  re- 
main in  the  hands  of  the  Convention,  or  subject  to  its  control,  until  the 
same  sfcall  have  been  voted  on  at  the  polls  upon  a  date  fixed  by  the  Con- 
vention. To  make  it  subject  to  the  Convention's  order  it  must  remain  in 
the  hands  of  the  custodian  or  officers  of  the  Convention.  As  stated  be- 
fore, Mr.  Filson  is  not  an  officer  of  the  proposed  State  of  Oklahoma,  but 
of  the  territory  only. 

It  was  my  purpose  to  turn  over  to  Mr.  Frantz,  not  as  Governor,  but  as 
the  supreme  election  officer,  a  certified  copy  of  the  ordinances  to  enable 
him  to  know  his  powers,  duties  and  responsibilities,  and  to  submit  and 
deliver  to  him  one  of  the  original,  engrossed  copies  of  the  Constitution, 
but  both  he  and  Filson  refused  it. 

The  public  will  remember  that  they  failed  in  an  effort  to  enjoin  the 
Convention  from  dividing  counties,  both  in  the  Supreme  and  District 
Courts,  but  at  last  secured  one  out  of  the  Probate  Court  of  Woods  County, 
and  no  doubt  when  they  fail  in  that  they  will  appeal  to  the  Justice  of 
the  Peace  of  some  remote  precinct,  and  Frantz  will  obey  his  orders  be- 
cause he  desires  to  be  tied  up. 

Governor  Frantz  states  that  at  all  events  he  will  obey  all  orders  of  the 
Courts,  which  means  that  he  will  never  issue  a  proclamation  for  an 
election,  because  suits  will  be  continually  filed  until  election  day.  In  this 
situation  what  is  my  duty?  Should  I,  on  behalf  of  the  sovereign  people  of 
the  commonwealth,  exercise  the  authority  vested  in  me,  by  their  duly 
accredited  delegates  in  Convention  and  call  that  election?  The  parties 
filing  these  suits  have  the  secret  support  of  the  carpetbaggers  and  cor- 
poration representatives,  doubtless  giving  them  their  financial  aid.  hvf, 
seek  to  deny  any  responsibility  therefor. 

On  the  day  I  called  upon  Governor  Frantz  in  an  effort  to  prevail  upon 
him  to  call  an  election,  Dave  Mulvane,  National  Republican  Committee- 
man from  Kansas,  was  in  conference  with  him  and  other  Republican 
leaders  in  Guthrie,  which  means  that  the  conspiracy  is  not  confined  wim- 
in  the  borders  of  Oklahoma. 

Section  4  of  the  Enabling  Act  contains  this  language:  "It  shall  be 
the  duty  of  the  President  of  the  United  States,  within  twenty  days  from 
the  receipt  of  the  certificate  of  the  result  of  said  election  and  the  state- 
ment of  votes  cast  thereon  and  a  COPY  of  said  Constitution,  Articles, 
Propositions,   and  Ordinances,   to   issue  his   proclamation   announcing  the 


CONVENTION   OF   OKLAHOMA.  449 

result  of  said  election;    and  thereupon  the  proposed  State  of  Oklahoma 
t:hall  be  deemed  admitted  by  Congress  into  the  Union." 

While  only  a  COPY  of  the  Constitution  is  necessary  for  the  Presi- 
dent to  ADMIT  the  new  State  into  the  Union,  Governor  Frantz  will  not 
even  call  the  election  unless  he  has  in  his  possession  the  ORIGINAL 
Constitution. 

What  is  sufficient  for  the  President  is  not  good  enough  for  Governor 
Frantz. 

Each  and  all  of  the  seven  original  engrossed  copies  of  the  Constitu- 
tion as  signed  by  the  officers  and  members  of  the  Convention,  have  the  at- 
testation of  Chas.  H.  Filson,  as  Secretary  of  the  Territory  of  Oklahoma, 
under  the  great  seal  of  said  Territory,  and  then  Mr.  Filson  and  Governor 
Frantz  claim  they  know  nothing  of  such  document  except  from  rumor. 
Is  it  possible  that  Secretary  Filson  indiscriminately  signs  his  name  and 
"dabs"  the  Territorial  seal  on  every  sheet  of  paper  he  sees,  and  if  so  is 
he  a  proper  custodian  for  such  records? 

We  deeply  appreciate  the  action  of  Judges  Dickerson  and  Sulzberger 
because,  although  Republicans  and  Federal  officeholders,  and  they  would 
lose  their  positions  by  Statehood,  are  for  a  fair  opportunity  to  be  given 
the  people  to  vote  on  this  Constitution. 

The  Constitution  will  be  printed  in  a  short  while  complete  in  form, 
containing  the  resolution  adopting  the  Constitution  of  the  United  States; 
the  Ordinance  accepting  the  terms  arid  conditions  of  the  Enabling  Act; 
the  Constitution  containing  the  County  boundary  provision  and  the  sched- 
ule, signed  by  the  officers  and  delegates,  with  the  certificate  of  myself 
and  the  Secretary  that  the  same  is  a  true  and  correct  and  literal  copy  of 
the  Constitution  as  engrossed  on  parchment,  and  the  same  followed  by 
the  question  of  prohibition  separately  submitted  to  a  vote  of  the  people, 
together  with  the  Ordinance  providing  for  the  ratification  or  rejeetion 
of  the  Constitution, 

Because  the  Constitutional  Convention  saw  the  difficulties  that  con- 
fronted us,  and  realizing  that  a  conspiracy  had  been  formed  by  carpetbag 
officeholders  and  Republican  politicians  to  prevent  an  election,  and  be- 
cause they  forstalled  that  conspiracy  and  outwitted  those  composing  it. 
is  the  cause  of  the  howls  and  misrepresentations  of  the  facts  through  the 
press  and  at  the  mass  meeting  at  Oklahoma  City. 

We  adjourned  the  Convention  until  the  5th  day  of  August,  unless 
sooner  convened  by  the  President  of  the  Convention,  in  order  to  give  the 
Convention  legal  authority  to  reconvene  in  the  event  it  might  be  made 
necessary  by  reason  of  injunction  suits.  It  was  not  done  with  a  view  to 
meeting  unless  made  necessary  and  should  we  have  made  the  mistake 
to  have  adjourned  finally  and  turned  the  Constitution  and  Ordinance 
over   to   Filson,   containing  the  clause   that  the  election   should   be  held 


450  JOURNAL  OF  CONSTITUTIONAL 

upon  the  6th  day  of  August,  then  Statehood  would  have  been  but  a  dream, 
without  legal  authority  in  the  Convention  or  elsewhere  to  have  changed 
the  date  of  that  election.  The  carpetbaggers  knew  this  and  are  simply 
angry  because  we  outwitted  them.  It  is  well  known  that  Secretary  Fil- 
son  is  opposed  to  the  Constitution  and  will  use  every  power  to  defeat  it, 
and,  I  believe,  to  defeat  an  election  thereon.  He  is  entitled  to  the  Con- 
stitution under  the  terms  of  the  Enabling  Act  when  the  election  shall  have 
been  held,  only  then. 

Dennis  Flynn  says  that  we  were  cowardly  because  we  didn't  turn  the 
Constitution  over  to  the  Secretary.  In  other  words,  Dennis  wanted  us  1»o 
put  our  fingers  on  a  block  and  give  him  a  hatchet  with  instructions  to 
strike,  and  because  we  refused,  he  says  we  are  cowardly. 

The  statement  that  these  delegates  intend  to  change  the  Constitu- 
tion is  absurd.  Its  friends  who  made  it  are  the  last  class  of.  citizens  who 
would  change  its  provisions,  and  the  howls  of  misrepresentation  of  the 
Republican  press  and  politicians  are  but  the  outgrowth  of  their  knowl- 
edge that  we  knew  of  their  conspiracy  and  forestalled  their  actions. 

The  Constitution  as  engrossed  on  parchment  will  at  all  times  be 
found  in  my  office  as  custodian  for  the  Convention  and  for  Mr.  Frantz. 
for  the  inspection  of  members  of  all  parties,  and  who  can  secure  copies. 

The  people  of  this  State  are  entitled  to  a  fair  opportunity  to  ex- 
press themselves  upon  this  Constitution  and  say  by  their  vote  whether 
they  want  to  adopt  or  defeat  it.  At  a  great  sacrifice  and  expense  the 
officers  and  delegates  to  the  Convention  have  and  will  continue  in  an  ef- 
fort to  carry  the  Constitution  to  the  people,  giving  them  this  fair  oppor- 
tunity, and  when  they  have  had  this  opportunity  thus  to  express  them- 
selves we  will  be  satisfied.  We  simpl,j'  say  to  the  public,  be  patient  and 
trust  to  our  efforts.  We  have  not  deceived  you  in  the  past  and  will  not 
in  the  future,  and  we  further  ask  that  you  assist  us  in  defeating  the 
combined  efforts  of  the  corporations,  carpetbaggers  and  selfish  politicians 
to  defeat  an  effort  to  hold  an  election  and  permit  a  vote  upon  it.  If 
you  ratify  it  by  your  votes,  thereby  showing  to  the  President  that  you 
desire  it,  he,  brave  American  citizen  that  he  is,  will  rise  above  the  selfish 
partisan  clamor  of  politicians  and  issue  the  proclamation,  giving  you  the 
l)oon  and  blessing  of  Statehood  and  local  self-government. 

The  class  who  formed  this  conspiracy  well  know  this  and  if  they 
believe  for  a  moment  their  own  statements  that  Roosevelt  would  turn 
down  the  Constitution,  the  quicker  a  vote  can  be  had  on  it  the  better 
they  would  be  satisfied.  That  there  is  a  conspiracy  I  have  not  a  particle 
of  doubt;  and  that  some  Oklahoma  Judges  form  a  part  of  that  conspiracy 
1  also  have  no  doubt.      Just  which  of  them  the  public  can  know  by  their 


CONVENTION    OF   OKLAHOMA.  451 

decisions  which  they  will  be  called  upon  to  make  in  the  suits  now  filed 
and  which  will  be  filed  before  the  election  is  finally  held. 

The  efforts  of  the  peope  to  free  themselves  from  a  selfish,  designing 
gang  of  carpetbaggers  is  not  new  to  many  of  the  citizens  of  Oklahoma. 
Well  do  we  remember  when  Richard  Coke,  of  Texas,  made  that  wonder- 
ful canvass  against  E.  J.  Davis,  and  after  the  people  had  given  him  an 
overwhelming  majority  how  he  had  to  summon  the  citizenship  of  the 
State  with  their  squirrel  rifles  and  dislodge  the  gang  of  Davis  officers 
who  held  possession  of  the  State  House,  and  that  may  be  necessary  be- 
fore the  honest  citizens  of  Oklahoma,  and  I  include  in  that  the  rank  and 
file  of  all  political  parties,  will  be  able  to  come  in  possession  of  their 
own  and  secure  what  is  theirs  by  inherent  right  of  citizenship,  by  their 
votes  as  intended  by  the  Act  of  Congress  and  the  proclamation  of  the 
President  admitting  the  State. 

Respectfully, 

WM.  H.   MURRAY 
President  Constitutional   Convention. 


APPEAL  TO  THE  PEOPLE. 

At  the  time  of  issuing  this  address,  Pres.  Wm.  H.  Murray  believed 
he  would  be  compelled  to  call  and  hold  the  election  on  the  ratification 
of  the  Constitution  in  defiance  of  the  Courts,  enjoining  him  from  so  do- 
ing. He  stated  that  he  issued  this  address  to  test  the  temper  of  the 
iniblic  as  indicated  in  his  letter  as  follows: 

Tishomingo.    I.   T.,   May    14,   '07. 
To  the   People  of  the  Proposed   State  of  Oklahoma:  — 

The  situation  as  to  the  outcome  of  the  proper  authority  to  call  the 
elc-ctlon  for  the  ratification  of  the  Constitution  remains  unchanged. 
While  1  shall  consider  carefully  my  rights  to  call  the  election,  and  shall 
proceed  cautiously,  not  knowing  fully  at  this  time,  and  shall  not  know 
until  Governor  Frantz  and  others  receive  instructions  from  the  Attorney 
General  and  returr.  from  Washington.  I  may  re-convene  the  Convention, 
l)ut  at  this  time  there  is  no  necessity  for  it,  nor  'has  ajiy  delegate  re- 
quested such  a  call,  although  many  fake  interviews  have  been  published 
by  the  Kopublican  press  to  that  effect. 

Governor  Frantz  still  maintains  that  he  has  the  right  as  Governor 
of  Oklahoma  to  call  the  election  under  the  laws  of  Oklahoma  and  that 
this  authority  does  not  come  from  the  Convention.  If  this  be  true,  of 
what  use  has  he  for  the  election  ordinance  or  anything  else  except  the 
Constitution  and  the  Oklahoma  statutes?     Why  should  he  not  proceed  to 


452  JOURNAL  OF  CONSTITUTIONAL 

call  the  election  under  the  Oklahoma  law?  By  what  rule  of  construction 
the  governor  of  Oklahoma  can  declare  himself,  under  the  laws  of  the 
Territory  of  Oklahoma,  the  Governor  of  the  Indian  Territory,  will  be  a 
puzzle  to  any  man  at  all  familiar  with  the  law. 

All  remember  that  at  the  election  for  delegates  the  Enabling  Act  ex- 
pressly provided  that  the  districts  in  the  Indian  Territory  and  those  in 
Oklahoma  should  be  framed  by  separate  boards,  and  that  the  call  for 
election  should  be  joint;  that  the  certificates  of  election  should  be  issued 
by  the  respective  boards,  and  the  same  Enabling  Act  provides  that  the 
Convention  elected  from  these  districts  the  ,duly  accredited  representa- 
tives of  the  sovereign  citizenship  of  the  proposed  State  of  Oklahoma 
should  by  ordinance  as  provided  in  section  4  of  the  Enabling  Act  which 
reads  as  follows: 

"Section  4.  That  in  case  a  Constitution  and  State  Government  shall 
be  formed  in  compliance  with  the  provisions  of  this  Act  the  Convention 
forming  the  same  shall  provide  by  ordinance  for  submitting  said  Consti- 
tution to  the  people  of  said  proposed  State  for  its  ratification  or  rejec- 
tion at  an  election  to  be  held  at  a  time  fixed  in  said  ordinance,  at  which 
election  the  qualified  voters  for  said  proposed  State  shall  vote  directly 
for  or  against  the  proposed  Constitution,  and  for  or  against  any  provis- 
ions  separately   submitted." 

The  word  "ordinance"  means  provide  "by  law,"  which  carries  with 
it  the  machinery  for  conducting  said  election.  It  further  states  that  the 
"qualified  electors  for  said  proposed  State,"  leaving  with  the  convention 
the  qualifications  fixed  in  the  Constitution.  In  fact,  this  section  gives 
to  the  convention  the  complete  control  over  the  holding  of  such  an  elec- 
tion except  only  that  the  laws  governing  elections  in  the  Territory  of 
Oklahoma  shall  govern  the  actual  methods  of  conducting  the  election  at 
the  polls.  And  even  this  may  be  modified  by  ordinance  as  clearly  ex- 
pressed in  the  Act.  The  only  provision  giving  authority  to  the  Terri- 
torial officers  pertaining  to  the  election  is  contained  in  the  next  sen- 
tence of  the  same  section,  which  reads  as  follows:  "The  returns  of  said 
election  shall  be  made  to  the  Secretary  of  the  Territory  of  Oklahoma, 
who,  with  the  Chief  Justice  thereof  and  the  senior  Judge  of  the  United 
States  C<mrt  of  Appeals  for  the  Indian  Territory,  shall  canvass  the  same; 
and  if  a  majority  of  the  legal  votes  cast  on  that  question  shall  be  for 
the  Constitution  the  Governor  of  Oklahoma  Territory  and  the  Judge 
senior  in  service  of  the  United  States  Court  of  Appeals  for  the  Indian 
Territory  shall  certify  the  results  to  the  President  of  the  United  States, 
together  with  the  statement  of  the  votes  cast  thereon,  and  upon  separate 
articles  or  propositions,  and  ordinances."  This  clause  makes  it  manda- 
tory upon  the  Convention  to  make  the  returns  to  the  Secretary  of  the 
Territory    of   Oklahoma,    and    also    makes    it    mandatory    upon    the    board 


CONVENTION  OP  OKLAHOMA  453  . 

made  thprein  to  canvass  the  same,  but  Secretary  Filson  says  they  will 
not,  if  1  call  the  election.  Do  not  be  uneasy;  the  law  says  they  must  do 
it;  the  Attorney  General  of  the  United  States  will  instruct  them  to  do  it, 
and  the  Federal  Courts  will  force  them  to  do  it.  Without  being  swayed 
by  the  slanderous  attacks  hurled  against  me  in  the  last  few  days,  I  shall 
weigh  carefully  my  rights  and  duties,  together  with  those  of  the  people 
of  this  State  and  proceed  accordingly  ;  and  while  just  now  I  cannot  say 
what  my  action  will  be,  although  it  seems  to  portend  that  I  must  call 
this  election,  you  realize,  however,  that  should  I  do  so  without  the  moral 
and  financial  support  of  the  people  of  the  State,  the  call  would  be 
futile.  I  shall  do  my  duty  if  you  will  do  yours.  And  now  as  I  shall 
have  until  the  6th  day  of  June  to  issue  the  proclamation,  I  shall  put  you 
to  the  test  as  to  whether  you  will  give  me  that  moral  and  financial  back- 
i)ig.  If  you  do  this  and  it  is  imperative  upon  me  to  call  this  election,  I 
will  do  it  irrespective  of  any  decree  of  the  Probate  Judge  of  Woods 
County.  I  want  it  understood  that  if  I  call  this  election  I  shall  appoint 
either  Judge  Dickerson  or  Judge  Sulzbacher  as  the  Republican  member 
and  thus  guarantee \o  the  Republicans  of  the  State  that  their  interests 
will  be  protected  by  a  member  of  the  board  having  such  ability  that  he 
could  not  be  deceived  by  the  Democratic  members;  and  that  said  elec- 
tion would  be  conducted  on  a  non-partisan  basis;  and  I  further  pledge 
that  I  will  not  make  a  partisan  speech  or  offer  assistance  or  co-operation 
to  any  political  party  until  the  election  is  over,  nor  shall  the  other  Dem- 
ocratic member  connected  with  the  board.  Therefore,  I  call  upon  the 
sovereign  citizenship  of  the  State  to  meet  on  the  25th  day  of  May,  1907, 
between  the  hours  of  2  o'clock  and  8  o'clock  p.  m.,  or  OQ  any  other  date 
prior  thereto  as  may  suit  their  convenience,  in  their  commercial  club 
rooms,  school  houses  and  other  places  of  meeting  in  all  the  Towns, 
Townships,  School  Districts  or  communities  throughout  the  proposed 
State  of  Oklahoma,  and  there  in  a  non-partisan  way  pass  resolutions  as 
to  whether  such  community  will  give  me  financial  and  moral  support  in 
such  call,  and  ateo  ascertain  the  amount  of  funds  if  they  are  called  upon 
to  contribute  the  same,  could  be  raised  in  that  community  to  be  sent  to  a 
Treasurer  who  shall  be  selected  and  placed  under  sufficient  bond  to 
cover  all  loss,  conditioned  that  he  will  faithfully  account  for  all  funds 
coming  within  his  hands  for  the  purycse  of  holding  and  paying  the  ex- 
penses of  such  an  election.  I  request  that  the  Secretary  of  each  and  all 
these  meetings  wire  me  the  amount  of  fundb  which  could  be  raised  in 
that  community,  and  also  the  number  of  persons  narticipating  in  such 
meeting.  From  these  facts  I  shall  be  able  to  determine  whether  the  citi- 
zenship will  back  me  morally  and  financial]}  in  an  effort  to  carry  the 
Constitution  to  the  people  and  give  them  a  Tair  op'ortunity  to  vote  upon 
it.     It  must  be  understood  that  these  meetings  shall  be  non-partisan  and 


454  JOURNAL  OF  CONSTITUTIONAL 

the  election  conducted  absolutely  upon  a  non-partisan  basis;  that  they  in 
fact  shall  consist  of  the  friends  of  Statehood  and  the  Constitution  as 
against  the  corporation  element,  the  land  and  other  grafters  and  "job 
lot"  gang  who  are  striving  to  prevent  an  election  and  defeat  Statehood. 
The  public  must  realize  that  without  such  support  it  is  impossible  for 
me  to  hold  this  election,  because  now  demands  are  made  upon  me  for 
.clerk  hire  to  the  amount  of  over  $1,200  and  I  have  not  a  dollar  with 
which  to  pay,  together  with  a  very  heavy  mail  requiring  the  constant 
service  of  a  stenographer  to  answer  the  many  inquiries  and  demands  of 
the  people  of  the  State. 

Do  your  duty  and  I  will  do  mine. 

Sincerely, 

WM.   H     MURRAY, 
President  of  Constitutional  Convention. 


J»RKSII)ENT    MURRAY'S    LETTER    TO    PRESIDENT    ROOSEVELT    ON 
CONSTITUTION   CHANGES. 

Following  is  the  letter  written  by  President  Murray  to  President 
Roosevelt: 

Tishomingo,   I.   T.,  .lune  28,   1907. 
Hon.    Theodore    Roosevelt,    President  of   the   United    States,    Washington, 

D.    C. 

My  Dear  Mr.  Roosevelt:— In  view  of  the  numerous  criticisms  of  the 
Republican  press  of  the  Constitution  for  the  proposed  State  of  Oklahoma, 
and  the  claim  that  certain  provisions  must  be  eliminated  as  the  price 
of  Statehood,  I  address  YOU  PERSONALLY  this  letter,  having,  on,  towit, 
May  13th,  190  7,  addressed  a  communication  to  the  Honorable  Attorney 
General  requesting  his  opinion,  and,  whose  reply  was  to  the  effect  that 
such  opinion  can  be  given  only  upon  your  direction. 

Your  attention  is  called  to  Section  4,  of  an  Act  of  Congress  of  June 
16,  1906,  entitled  "The  Enabling  Act,"  which  after  reciting  that  the 
Constitution  framed  in  said  Act,  should  be  submitted  under  an  Ordinance 
prepared  by  the  Convention,  fit  a  date  to  be  fixed  in  said  Ordinance.  The 
third   sentence   in   Section    4,    uses   '.his   language: 

"And  if  the  Constitution  and  Government  of  said  proposed  State  are 
republican  in  form,  and  if  the  provisions  of  this  Act  have  been  complied 
with  in  the  formation  thereof,  it  shall  be  the  duty  of  the  President  of 
the  United  States,  within  twenty  days  from  the  receipt  of  the  certificates 
of  the  result  of  said  election  and  the  statement  of  votes  cast  thereon  and 
a  copy  of  said  Constitution,  articles,  propositions,  and  Ordinances,  to 
issue  his  proclamation  announcing  the  result  of  said  election;  and  there- 


1 


CONVENTION   OF   OKLAHOMA.  455 

111)011  the  proposed  State  of  Oklahoma  shall  be  deemed  admitted  into  the 
Union,  under  and  by  virtue  of  this  Act,  on  an  equal  footing  with  the 
original  States." 

The  Enabling  Act,  as  you  are  aware,  contains  a  greater  number  of 
restrictions  and  limitations  upon  the  sovereignty  of  the  citizenship  of  the 
proposed  State  than  ever  before  required  of  a  people  in  the  history  of 
rhe  admission  of  states.  Indeed  it  contains  all  the  restrictions  and  limit- 
ations ever  enjoined  by  Congress  before  in  the  formation  of  State  Gov- 
ernments under  the  Federal  Constitution,  and  more.  In  addition  to  tht 
necessary  and  proper  limitations  that  the  Constitution  shail  not  be  repug- 
nant to  the  Constitution  of  the  United  States,  other  restrictions  are 
enjoined,  to-wit:  Limitations  upon  the  power  to  tax  certain  property; 
the  fixing  of  the  State  Capital  at  a  certain  point  for  a  given  period  of 
years;  the  forming  by  Congress  of  the  five  Congressional  Districts — 
limitations  never  before  required  of  any  State.  It  is  not  our  purpose 
to  complain  of  the  restrictions  and  limitations.  We  have  accepted  them 
all  in  good  faith.  Notwithstanding  their  acceptance,  the  daily  Repub- 
lican press  is  filled  with  numerous  criticisms  to  the  effect  that  the  legis- 
lative apportionment  is  an  "outrageous  gerrymander,"  and  that  other 
un-named  provisions  of  the  Constitution  are  repugnant  to  your  idea  of 
statecraft  and  that  their  elimination  is  the  price  of  Statehood.  While 
we  do  not  yield  the  point  that  a  State,  in  the  exercise  of  its  police  powers 
or  in  the  adoption  of  its  economic  policies,  is  either  expected  or  required 
to  frame  a  Constitution  to  suit  either  the  Executive  or  Legislative  branch 
of  the  United  States,  yet  in  view  of  the  uncertainties  of  Statehood  which 
have  wrought  injuries  to  the  business  interests  of  this  State,  and  in  view 
of  your  authority  granted  by  the  "Enabling  Act,"  to  withhold  the  proc- 
lamation granting  us  Statehood,  and  believing  in  the  integrity  of  your 
promise  to  this  people  upon  your  trip  through  these  Territories,  and 
that  you  would  not  purposely  further  delay  the  blessings  of  self-govern- 
ment to  one  and  a  half  million  people,  I,  as  President  of  the  Constitu- 
tional Convention,  respectfully  request  and  solicit  from  you,  an  express- 
ion upon  the  Constitution,  a  copy  of  which  is  now  on  file  with  the 
Honorable  Attorney  General,  and  thus  give  us  an  opportunity  to  eliminate 
any  provisions  which  will  be  necessary  to  secure  Executive  approval.  In 
view  of  the  fact  that  the  Convention  will  be  reconvened  on  the  10th  day 
of  July,  as  evidenced  by  a  call,  a  copy  of  which  I  herewith  send  you, 
your  expression  of  disapi)roval  at  this  time  would  enable  the  Convention 
to  eliminate  the  objectionable  provisions,  if  any,  and  would  thus  sub- 
serve the  interests  of  every  citizen  in  this  State,  irrespective  of  party, 
creed  or  color.  I  assure  you  that  our  citizens  are  committed  to  State- 
hood as  of  first  importance,  and  that  party  success  or  party  advantage 
sinks  into  insignificance  with  all  classes  in  comparison  with  the  one 
thing.    Statehood   now,   and   without    further   delay.      It   is   with    you,   Mr. 


456  JOURNAL  OF  CONSTITUTIONAL 

President,   to  state  the  causes   of   further  delay   a-nd   give   us  this  oppor- 
tunity to  remove  them. 

Since  from  your  Executive  approval  or  disapproval  there  is  no 
appeal,  we  submit  there  can  be  no  impropriety  in  your  now  stating  your 
opinion  of  any  provision  of  the  Constitution.  Since  your  failure  would 
cause  you  to  do  so  later,  why  not  state  them  now,  and  thus  save  us  from 
further  expense  and   our  business  interests   from   irreparable  injury? 

It  being  human  to  err,  we  are  prone  to  mistakes  and  shall  be  glad 
to  accept  your  superior  counsel  and  advice  in  the  spirit  in  which  I  am 
sure  that  you  would  give  it;  for  I  am  sure  that  it  would  be  given  in  the 
spirit  of  friendly  criticism  and  wholesome  advice*  rather  than  sufth  crit- 
icisms as  have  come  through  an  interested  corporate  and  partisan  press 
as  we  have  in  this  State  who  condemn  us  without  pointing  out  the  objec- 
tions, and  who  persistently  lead  our  citizens  to  believe  that  the  promise 
from  you  that  you  will  withhold  Executive  proclamation,  without  giving 
us  the  benefit  of  the  knowledge,  which  they  claim  to  possess,  of  the  pro- 
visions  objectionable  to  you. 

You  will  observe  in  the  call  which  J  herewith  send  you  that  the 
undersigned  has  appointed  a  committee  to  take  and  receive  testimony 
and  receive  suggestions  of  any  kind  and  all  parties  who  attack  the  integ- 
rity and  fairness  of  the  legislative  apportionment.  The  charge  "gerry- 
mander" is  easily  made,  but  never  in  framing  the  Legislative  Districts, 
(which  in  a  measure  was  a  guess,  because  of  the  rapid  growth  and 
increase  of  population  of  the  different  sections  of  our  Territory)  did  the 
minority  of  the  Convention   make  a  request  upon  us. 

I  assure  you  that  the  overwhelming  majority  of  the  Republicans  of 
this  State  desire  Statehood,  although  the  machinery  of  the  party  is  in 
control  of  those  interested,  it  seems,  more  in  maintaining  their  appoint- 
ive positions,  than  in  serving  the  people,  (or  even  their  own  party)  are 
seeking  through  Court  proceedings,  the  press,  and  otherwise  to  create 
delay,  and  increase  the  uncertainties  to  the  detriment  of  the  business 
interests  of  the  State  and  to  the  injury  of  all  classes  of  our  citizens. 

Trusting  that  you  will  immediately  state  what  is  in  the  Constitu- 
tion that  should  be  removed,  if  anything,  and  thus  prevent  further  delay, 
I  am,  believe,  me, 

Your  obedient   servant, 

WM.    H.    MURRAY. 
President  Constitutional  Convention   for   Proposed   State  of  Oklahoma. 


C0NVI^]NT10N    OF   OKLAHOMA.  457 


IMKX  LAIMATION     KK( ONVKNINCi    THK    COWI^XTKhX,    ON    JULY    10. 

"You  are  hereby  notified  that  the  constitutional  convention  for  the 
pioposed  state  of  Olvlahoma,  will  be  re-convened  in  the  city  of  Guthrie, 
(he  seat  of  government,  on  Wednesday,  the  tenth  day  of  July,  1907,  at 
10  o'clock  in  the  morning,  for  the  purpose  of  making  any  proper  changes 
in  the  election  ordinance  and  make  such  other  regulations  as  will  sub- 
serve and  promote  the  interests  of  statehood.  You  are  urged  to  n^^ 
I'resent  promptly  at  the  convening  of  the  convention. 

"A  committee  on  election  ordinance,  to  consist  of  R.  L.  Williams, 
W.  A.  Ledbetter,  S.  W.  Hayes,  M.  J.  Kane,  Henry  S.  Johnston,  D.  S.  Rose, 
George  A.  Henshaw,  John  B.  Harrison  and  John  J.  Carney,  is  hereby 
designated  for  the  jjurpose  of  submitting  suggestions  relative  thereto, 
and  said  committee  is  requested  to  meet  in  the  city  of  Guthrie  on  the 
tenth  day  of  July,   1907,  for  said  purpose. 

"Whereas,  Since  the  adjournment  of  the  convention,  criticism  of  the 
legislative  apportionment  has  been  made  through  the  Republican  press; 
and, 

"Whereas,  The  Republicans  did  not  present  any  request,  facts,  or 
statistics  at  the  making  of  said  districts,  and  the  Democratic  majority 
at  all  times  being  desirous  of  making  a  fair  apportionment  upon  the 
po])ulation  of  the  state  and  correct  errors  if  any  were  made. 

"Therefore,  As  president  of  the  constitutional  convention.  I  hereby 
constitute  and  appoint  a  committee  to  take  testimony  upon  legislative 
;il)portionment,  to  consist  of  Flowers  Nelson,  Charles  Moore,  Roy  Allen, 
J.  F.  King,  J.  H.  N.  Cobb,  to  meet  in  the  city  of  Guthrie  on  the  fifth 
day  of  July,  1907,  and  to  take  the  testimony  which  may  be  submitted 
by  any  and  all  persons  between  said  date  and  the  convening  of  the  con- 
vention as  aforesaid,  and  the  Hon.  P.  B.  Hopkins,  minority  leader  of 
the  convention,  the  chairman  of  the  Republican  state  committee,  and 
all  Republicans  and  other  persons  of  the  state  are  hereby  requested  to 
appear  before  said  committee  and  to  submit  testimony,  facts  and  statistics 
to  disprove  the  fairness  of  the  apportionment,  made  by  the  convention 
with  a  view  of  correcting  errors,  if  any  be  found,  in  said  legislative  ap- 
l)ortionment. 

"Given  under  my  hand  on  this,  the  2r)th  day  of  June,  A.  D.  1907. 

"WILLIAM  H.    MURRAY, 
"President  of  the  Convention." 


458  JOURNAL  OF  CONSTITUTIONAL 


A1»PKAL    FOR    FUNDS. 


Pres.    Murray    issued    the    following   appeal    for   financial    assistance, 
and    received    $2,067.15,    nearly    half    of   that    amount   being   contributed 
by  his  fellow  delegates: 
To  the  Citizens  of  Oklahoma: 

In  view  of  the  great  expense  which  has  attended  the  making  of  the 
constitution,  and  failure  of  congress  to  make  additional  appropriation,  I 
hereby  call  upon  the  citizenship  of  the  state  to  contribute  the  "sum  of 
six  thousand  dollars  to  be  used  exclusively  in  paying  clerk  hire  and 
necessary  expenses  of  the  convention.  The  two  official  reporters  of  the 
convention,  since  its  adjournment,  have  been  busily  engaged  in  copying 
the  debates  and  proceedings,  and  as  soon  as  they  have  completed  their 
work  they  will  call  for  their  money.  I  have  assisted  them  from  my  own 
resources,  but  am  unable  to  do  so  longer.  I  have  also  had  two  other 
stenographers  employed  during  the  most  of  the  time  since  the  adjourn- 
ment of  the  convention,  and  upon  the  reconvening  of  the  convention  on 
the  10th  of  July,  it  will  be  necessary  to  pay  for  the  clerk  hire  then.  All 
of  these  expenses  I  have  estimiated  at  $6,000.  I  request  the  citizenship 
of  the  state  to  divide  this  burden  with  me  and  immediately  to  make  re- 
mittances of  such  sums  as  the  people  can  afford  to  contribute.  I  want  the 
name  and  postofflce  address  of  every  person  who  contributes  as  much  as 
$1.00  in  order  that  I  may  send  them  a  certificate  of  the  same  and  keep  a 
record  in  order  that  the  amount  may  be  paid  by  the  state  to  these  con- 
tributors.    Send  directly  to  the  undersigned. 

WM.   H.  MURRAY, 
President  of  the  Convention,  Tishomingo,  I.  T. 
June  27th,  1907. 

Newspapers  please  copy. 


CONVENTION  OF  OKLAHOMA  459 


ELECTION  I»ROCLAMATION. 

To  the  Public,  GREETING: 

Whereas,  Pursuant  to  an  Act  of  Congress  entitled:  "An  Act  to  enable 
the  people  of  Oklahoma  and  of  the  Indian  Territory  to  form  a  Constitu- 
tion and  State  Government  and  to  be  admitted  into  the  Union  on  an  equal 
footing  with  the  original  states;  and  to  enable  the  people  of  New  Mexico 
and  of  Arizona  to  form  a  Constitution  and  State  Government  and  to  be 
admitted  into  the  Union  on  an  equal  footing  with  the  original  states," 
approved  June  16,  1906,  and  hereinafter  referred  to  as  the  "Enabling 
Act,"  Delegates  were  duly  elected;   and. 

Whereas,  Said  Delegates  so  elected  did,  on  the  second  Tuesday  after 
said  election,  meet  at  the  City  of  Guthrie,  the  seat  of  Government  of  said 
Oklahoma  Territory,  and  organized  as  a  Convention;   and. 

Whereas,  After  such  organization  said  Delegates  in  Convention 
assembled,  did  declare  that  they  adopted  the  Constitution  of  the  United 
States  on  behalf  of  the  people  of  the  proposed  State  of  Oklahoma;  and, 

Whereas,  Said  Constitutional  Convention  did,  by  ordinance  irre- 
vocable,  accept  the  terms  and  conditions  of  said   Enabling   Act;    and, 

Whereas.  Said  Convention  did  thereupon  form  a  Constitution  and 
State  Government  for  said  proposed  State  of  Oklahoma;   and, 

Whereas,  In  pursuance  of  a  resolution  of  said  Convention,  the  said 
Constitution  of  said  proposed  State  of  Oklahoma  engrossed  and  enrolled 
upon  parchment,  signed  by  the  officers  of  said  Convention  and  certain 
members  thereof,  and  attested  by  the  Secretary  of  the  Territory  of  Okla- 
homa under  the  Great  Seal  of  said  Territory  of  Oklahoma,  was  on  the  22nd 
day  of  July,  A.  D.,  1907,  filed  in  the  office  of  said  Secretary  and  is  now 
on  file  in  said  office;   and, 

Whereas,  Said  Convention  did,  after  said  Constitution  and  State 
Government  for  said  proposed  State  of  Oklahoma  had  been  so  formed  as 
aforesaid,  provide  by  ordinance,  as  amended  on  the  l.'th  day  of  July, 
A.  D.,  1907,  entitled: 

An  ordinance  providing  for  an  election  at  which  the  proposed  Con- 
stitution for  the  proposed  State  of  Oklahoma  shall  be  submitted  to  the 
people  thereof  for  ratification  or  rejection,  and  submitting  separately  to 
the  people  of  the  proposed  State  of  Oklahoma  the  proposed  Prohibition 
article,  making,  substantially,  the  terras  of  the  Enabling  Act  uniformly 
applicable  to  the  entire  State  for  ratification  or  rejection,  and  for  the 
election  of  certain  State,  District,  County  and  Township  Officers  provided 
for  by  said  proposed  Constitution,  and  for  the  election  of  members  of 
the  Legislature  of  said  proi)osed  State  of  Oklahoma,  and  five  Representa- 
tives     to   Congress,"    for   submitting   said   proposed    Constitution    to    the 


4  60  JOURNAL  OF  CONSTITUTIONAL 

people  of  said  proposed  State  and  for  its  ratification  or  rejection  at  an 
election  to  be  held  at  a  time  fixed  in  said  amended  ordinance,  to-wit,  on 
the  17th  day  of  September,  A.  D.,  1907,  at  which  election  the  qualified 
voters  for  said  proposed  State  shall  vote  directly  for  or  against  said  pro- 
posed Constitution,  and  for  or  against  any  provisions  separately  sub- 
mitted;  and, 

Whereas,  By  said  amended  ordinance  it  is  provided,  that  at  said 
election  a  separate  provision  adopted  by  said  Convention,  that  is  to  say, 
a  propostion  as  to  whether  or  not  the  manufacture,  sale,  barter,  giving 
away  or  otherwise  furnishing  intoxicating  liquors  shall  be  permitted  in 
said  proposed  State  for  a  period  of  twenty-one  years  from  the  date  of 
its  admission  into  the  Union,  and  hereafter  until  the  people  of  the  State 
otherwise  provide  by  amendment  of  said  Constitution  and  proper  State 
legislation,  the  said  proposition  being,  "Shall  the  provisions  for  State- 
wide Prohibition  be  Adopted?"  and. 

Whereas,  It  is  provided  by  said  amended  ordinance,  that,  at  the  time 
and  place  of  said  election  for  the  ratification  or  rejection  of  said  pro- 
posed Constitution,  there  shall  be  held  an  election  for  officers  for  a  full 
State  Government,  including  all  the  elective  State,  District,  County  and 
Township  Officers,  provided  for  by  the  provisions  of  said  Constitution, 
members  of  the  Legislature  and  five  Representatives  to  Congress;  and, 

Whereas,  Said  amended  ordinance,  certified  by  the  President  and 
Secretary  of  said  Convention,  was  on  the  22nd  day  of  July,  A.  D.,  1907, 
filed  in  the  office  of  the  Secretary  of  said  Territory  of  Oklahoma  and  is 
now  on  file  in  said  office;  and. 

Whereas,  Section  twenty-one  (21)  of  said  amended  ordinance  makes 
it  the  duty  of  the  Governor  of  the  Territory  of  Oklahoma  to  issue  proc- 
lamation giving  the  public  notice  of  the  time  and  place  of  holding  said 
election. 

Now,  therefore,  I,  Frank  Frantz,  Governor  of  the  Territory  of  Okla- 
homa, by  authority  of  said  amended  ordinance,  do  hereby  make  procla- 
mation giving  notice  that  the  elections  hereinbefore  mentioned  and  pro- 
vided for  will  be  held  in  each  and  all  election  and  voting  precincts  in  each 
and  every  County  and  District  in  and  throughout  the  said  proposed  State 
of  Oklahoma,  on  Tuesday,  the  17th  day  of  September,  A.  D.,  1907,  at  and 
between  the  hours  of  said  day  fixed  by  law,  at  which  elections  the  quali- 
fied electors  for  said  proposed  State  of  Oklahoma  shall  vote  directly  for 
or  against  the  said  proposed  Constitution,  and  for  or  against  the  sepa- 
rate provision  separately  submitted  as  aforesaid,  and  for  any  and  all  of 
the  elective  officers  for  a  full  State  Government,  State,  District,  County 
and  Township,  and  members  of  the  Legislature  and  Representatives  to 
Congress  hereinbefore  mentioned. 

In  Witness  Whereof,  I   have  hereunto  set  my  hand  and  caused  the 


CONVENTION   OF   OKLAHOMA.  461 

Great  Seal  of  the  Territory  of  Oklahoma  to  be  affixed  thereto,  at  the  City 
of  Guthrie,  County  of  Logan,  Territory  of  Oklahoma,  this  24th  day  of 
July.  A.    D.,    1907. 

FRANK    FRANTZ, 
(SEAL)  Governor  of  the  Territory  of  Oklahoma 

ATTEST: 

CHAS.  H.  FILSON, 

Secretary  of  Oklahoma  Territory. 


I'KOOF   OF   PUIILIC  ATION. 

INDIAN    TERRITORY,    CENTRAL    DISTRICT. 

1,  P.  B.  Stone,  proprietor  of  the  Daily  Capital,  published  at  South 
McAlester,  Indian  Territory,  within  the  limits  of  the  proposed  State  of 
Oklahoma,  in  Pittsburg  County  thereof,  do  state  under  oath  that  the 
attached  Election  Proclamation  issued  on  the  2  4th  day  of  July  by  Frank 
Frantz,  Governor  of  the  Territory  of  Oklahoma,  was  published  in  the 
Daily  Capital,  being  a  daily  newspaper  of  general  circulation  within  the 
proposed  State  of  Oklahoma,  and  within  each  County  of  said  proposed 
State. 

P.  B.   STONE. 

Subscribed  and  sworn  to  before  me  this  11th  day  of  September,  A 
D.,    1907. 

BROOKS  FORT, 
(SEAL)  Notary    Public. 

My  Commission  Expires  March   6,   1911. 


JOURNAL  OF  CONSTITUTIONAL 


THE    STATEHOOD    PROCLAMATION. 

By  the  President  of  the  United  States  of  America — A  Proclamation. 

Whereas,  The  Congress  of  the  United  States  did  by  an  Act  approved 
June  16,  190G,  provide  that  the  inhabitants  of  the  Territory  of  Oklahoma 
and  of  the  Indian  Territory  might,  under  and  upon  the  conditions  pre- 
scribed in  said  Act,  adopt  a  Constitution  and  become  the  State  of  Okla- 
homa;   and, 

Whereas,  By  the  said  Act  provision  was  duly  made  for  the  election  of 
a  Constitutional  Convention  to  form  a  Constitution  and  State  Govern- 
ment for  the  said  proposed  State,  and  whereas,  it  appears  from  the  infor- 
mation laid  before  me  that  such  Convention  was  duly  elected  and  such 
Constitution  and  State  Government  was  thereby  formed;    and, 

Whereas,  By  the  said  Act  the  said  Convention  was  further  authorized 
and  empowered  to  provide  by  ordinance  for  submitting  the  said  Consti- 
tution to  the  said  State  for  ratification  or  rejection  and  likewise  for  the 
ratification  or  rejection  of  any  provisions  thereof  to  be  by  the  said  Con- 
stitution separately  submitted;  and. 

Whereas,  It  has  been  certified  to  me,  as  required  by  the  said  Act,  by 
the  Governor  of  the  Territory  of  Oklahoma  and  by  the  Judge  senior  in 
service  of  the  United  States  Court  of  Appeals  for  the  Indian  Territory  that 
a  majority  of  the  legal  votes  cast  at  an  election  duly  provided  for  by 
said  ordinance,  as  required  by  said  Act;  have  been  cast  for  the  adoption 
of  said  Constitution;   and, 

Whereas,  A  copy  of  the  said  Constitution  has  been  certified  to  me 
as  required  in  said  Act,  together  with  articles,  propositions  and  ordinances, 
pertaining  thereto,  including  a  separate  proposition  for  State-wide  Prohi- 
bition, which  has  been  certified  to  me  as  having  been  adopted  by  a  major- 
ity of  the  electors  at  the  election  aforesaid;  and, 

Whereas,  It  appears  from  the  information  laid  before  me  that  the 
Convention  aforesaid,  after  its  organization  and  before  the  formation  of 
the  said  Constitution  duly  declared  on  behalf  of  the  people  of  the  said 
proposed  State  that  they  adopted  the  Constitution  of  the  United  States; 
and, 

Whereas,  It  appears  that  the  said  Constitution  and  Government  of 
the  proposed  State  of  Oklahoma  are  republican  in  form  and  that  the 
Constitution  makes  no  distinction  in  civil  or  political  rights  on  account 
of  race  or  color,  and  is  not  repugnant  to  the  Constitution  of  the  United 
States  or  to  the  principles  of  the  Declaration  of  Independence  and  that  it 
contains  all  of  the  six  provisions  expressly  required  by  Section  Three  of 
the  said   Act  to  be  therein   contained;    and, 


CONVENTION    OF   OKLAHOMA.  463 

Whereas,  It  further  appears  from  the  information  laid  before  me 
that  the  Convention  above  mentioned  did  by  ordinance  irrevocable  accept 
the  terms  and  conditions  of  said  Act  as  required  by  Section  Twenty-two 
thereof,  and  that  all  the  provisions  of  the  said  Act  approved  June  16, 
1906,  have  been  duly  complied  with;   now,  therefore, 

1,  Theodore  Roosevelt,  President  of  the  United  States  of  America, 
do  in  accordance  with  the  provisions  of  the  said  Act  of  Congress  of  June 
16th,  1906,  declare  and  announce  that  the  result  of  the  said  election 
wherein  the  Constitution  formed  as  aforesaid  was  submitted  to  the  peo- 
ple of  the  proposed  State  of  Oklahoma  for  ratification  or  rejection,  was 
that  the  said  Constitution  was  ratified,  together  with  the  provision  for 
State-wide  Prohibition,  separately  submitted  at  the  said  election,  and  the 
State  of  Oklahoma  is  to  be  admitted  by  Congress  into  the  Union  under 
i.nd  by  virtue  of  the  said  Act,  on  an  equal  footing  with  the  original  states. 

In  Testimony  Whereof,  I  have  hereunto  set  my  hand  and  caused  the 
Seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  sixteenth  day  of  November,  in 
the  year  of  our  Lord,  one  thousand  nine  hundred  and  seven,  and  of  the 
Independence   of   the   United    States   of   America,   the   one   hundred    and 

thirty-first. 

(Signed)      THEODORE   ROOSEVELT. 

By   the   President: 

ELIHU    ROOT,    Secretary    of    State. 


1»RI\TING   CONTRACT. 

OKLAHOMA  TERRITORY, 
County  of  Logan. 

This  memorandum  of  agreement  entered  into  this  the  7th  day  of 
May,  1907,  by  and  between  the  Leader  (Printing)  Company,  of  Guthrie, 
Oklahoma,  a  corporation,  party  of  the  first  part,  and  Wm.  H.  Murray, 
as  President  of  the  Constitutional  Convention,  empowered  by  said  Con- 
vention to  receive  bids  and  enter  into  a  contract  for  printing  of  seventy- 
five  thousand  copies  of  the  Constitution  for  the  proposed  State  of  Okla- 
homa, and  under  and  by  authority  of  a  resolution  passed  by  said  Con- 
stitutional Convention  authorizing  the  said  Wm.  H.  Murray,  as  President 
of  the  Convention,  to  enter  into  said  printing  contract  on  behalf  of  said 
Convention,  party   of  the  second   part, 

WITNESSETH:  That  the  bid  of  the  Leader  (Printing)  Company, 
party  of  the  first  part,  is  hereby  accepted  under  the  figures,  terms  and 
conditions  for  the  printing  of  said  Constitution,  to-wit: 

Ten  thousand  copies  to  be  printed  with  specifications  as  follows:     To 


4  64  JOURNAL  OF  CONSTITUTIONAL 

contain  the  "Resolution  adopting  the  Constitution  of  the  United  States," 
the  ordinance  "Accepting  the  terms  and  conditions  of  the  Enabling  Act," 
the  "Constitution  containing  County  Boundaries  and  Schedule  as  engrossed 
and  signed  by  the  officers  and  members,"  together  with  "Prohibition 
Article  separately  submitting  the  same  to  a  vote  of  the  people,"  and  the 
"Ordinance  providing  for  an  Election  for  the  Ratification  of  the  Constitu- 
tion," to  be  printed  in  eight  point  type,  Roman  face,  cover  to  be  white, 
to  be  printed  in  good  quality  of  news  print. 

The  above  ten  thousand  copies  are  specified  to  be  furnished  at  thirty- 
seven  cents  per  copy  for  each  copy  printed. 

It  is  expressly  understood  by  said  Leader  (Printing)  Company  that 
two  .hundred  copies  complete  as  above  described  and  named  shall  be 
furnished  Wm.  H.  Murray,  bound  in  flexible  sheep,  names  of  members  of 
Convention  and  such  other  persons  as  may  be 'named  by  him  printed  in 
gold  on  back  or  front,  and  to  be  furnished  to  said  Wm.  H.  Murray. 

Sixty-five  thousand  copies  to  be  printed  on  good  quality  of  news 
print,  same  as  above  specifications  for  the  aforesaid  ten  thousand  copies, 
in  same  style  of  binding  and  size  and  style  as  Exhibit  "A"  aforesaid,  and 
to  contain  all  the  material  and  subject  matter,  except  the  County  Bound- 
aries and  the  Ordinance  providing  for  the  Election  for  the  Ratification 
of  the  Constitution,  as  above  named,  which  two  provisions  shall  be 
excepted  from  said  sixty-five  thousand  copies. 

The  above  sixty-five  thousand  copies  are  to  be  printed  at  eighteen 
cents  per  copy. 

It  is  expressly  understood  that  all  Constitutions  printed  shall  bear 
the  Union  Label,  and  shall  bear  a  certificate  of  the  President  and  Sec- 
retary, with  a  fac  simile  of  their  signatures,  the  printing  of  said  Consti- 
tution to  be  done  in  a  prompt  and  workmanlike  manner,  to  begin  upon  or 
before  the  10th  instant,  and  completed  within  2  0  days  thereafter,  con- 
taining an  index  to  the  headings  and  sub-headings  by  said  Wm.  H.  Mur- 
ray; proof  to  be  read  by  said  Leader  (Printing)  Company,  but  copy  after 
said  copy  is  corrected,  and  before  the  same  is  published,  to  be  submitted 
to  said  Wm.  H.  Murray,  and  Constitutions  to  be  boxed  and  furnished  said 
Murray  or  any  proper  official  whom  he  may  designate  by  written  order. 

This  contract  made  and  entered  into  on  this  the  day  and  year  first 
above  written  interchangeably  in  duplicate  copies, 

(Signed)      THE  LEADER    (PRINTING)    CO. 
H.    E.    DERWIN,    Superintendent. 
(Signed)      THE    CONSTITUTIONAL    CONVENTION. 
By   WM.    H.    MURRAY, 

As  President  of  Said  Convention. 


CONVENTION    OF    OKLAHOMA.  465 


CONTKAC  T   1  Oil    PKINTIXG   OF   JOl  HNAL. 

STATE   OF  OKLAHOMA, 
County  of  Johnston. 

This  Imlentuiv,  Made  on  this  the  16th  day  of  November,  A.  D.,  1907, 
by  and  between  Wm.  H.  Murray,  as  President  of  the  Constitutional  Con- 
vention for  the  proposed  State  of  Oklahoma,  and  for  the  State  of  Okla- 
homa, party  of  the  first  part,  and  the  Muskogee  Printing  Co.,  party  «f 
the  second  part. 

Witnesseth:  That  the  party  of  the  second  part  obligates  himself 
to  print,  i)ublish,  bind  and  deliver  Two  Thousand  (2000)  copies  of  the 
Journal  of  the  Constitutional  Convention,  as  per  the  conditions,  specifica- 
tions and  requirements  hereinafter  named,  for  the  sum  of  Two  Thousand 
Seven  Hundred  and  Ninety-nine  Dollars,  due  and  payable  immediately  by 
the  State  of  Oklahoma. 

It  is  expressly  understood  that: 

Paper:  The  Journal  shall  be  printed  upon  S.  &  S.  C.  book  or  equally 
as  good  white  book  paper,  the  size  to  be  the  same  as  the  House  Journal 
and  Sessions  Laws  of  the  Eighth  Legislative  Assembly  of  Oklahoma  Ter- 
ritory,   25x38,   50   lbs,  to  the  ream. 

Type:  The  body  of  the  Journal  shall  be  set  in  eight  point,  Roman 
type,  face  measure  not  less  than  14  nor  more  than  16  ems  to  the  lowei 
case  alphabet,  all  matter  to  be  leaded  with  3-point  leads;  index  to  be  set 
in  six  or  eight  point. 

Biiulliig-:  The  report  shall  be  hand-sewed,  stitched  with  five  stitches, 
500  copies  to  be  bound  in  full  law  sheep,  boards  to  be  laced,  1500  copies 
to  be  in  marble  sides  with  ends  and  bands  of  law  sheep. 

lialu'ls:  Each  volume  shall  be  labeled  as  follows:  "Journal  of  Con- 
stitutional Convention  of  Oklahoma;"  the  label  shall  be  securely  glued 
and  fastened  on  in  such  manner  that  it  will  not  with  ordinary  use,  come 
loose  or  turn  up  at  the  corners. 

One  copy  shall  be  printed  for  each  of  the  one  hundred  and  twelve 
Delegates,  and  shall  have  printed  on  the  front  cover  of  same  the  name 
and  District  of  each  Delegate,  and  name  of  office  of  each  officer  of  said 
Convention. 

IVoof  and  rorrcctlon:  Proof  reading  and  correction  shall  be  done 
entirely  by  the  office,  but  submitted  to  the  undersigned  before  publication, 
and  all  copy  submitted  must  be  plain  and  absolutely  discernible  in  order 
to  secure  the  necessary  accuracy  and  style,  arrangement  of  typography. 
and  preparation  of  index  and  digest;  and  each  volume  shall  bear  the 
Union  Label  of  the  Typographical  Union  of  America. 

And    in  consideration  of  the  printing,  publishing,  binding  and  deliv- 


4  66  JOURNAL  OF  CONSTITUTIONAL 

ering  of  the  said  two  thousand  (2000)  copies,  according  to  the  conditions 
and  specifications  above  set  foi'th,  the  State  of  Ol^lahoma  is  indebted  unto 
the  party  of  the  second  part  in  the  sum  of  $2,799.00  as  aforesaid,  the  pay- 
ment of  which  is  hereby  authorized  under  tne  rules  of  the  Constitutional 
Convention  and  the  Schedule  of  the  Constitution,  as  provided  by  said  Con- 
vention, and  as  ratified  by  the  people  of  the  State. 

Given  under  our  hands  the  day  and  year  first  above  written  to  two 
interchangeable   copies  of  this   contract. 

WM.  H.  MURRAY, 
As    President    of    the    Constitutional    Convention    for    Proposed    State    of 

Oklahoma. 

MUSKOGEE    PRINTING   COMPANY. 
By  W.  R.  Eaton,  Treasurer. 
SAM  OPPLIGER, 
C.   H.   PITTMAN, 

Witnesses  to  signature   of   party   of  first  part. 
L.   E.   SEAMAN, 
G.   M.   RANSOM, 

Witnesses  to  signature  of  party  of  second  part. 

STATE  OF  OKLAHOMA, 
County  of  Muskogee. 

BOND. 

Know  All  Men  by  These  Presents:  That  the  Muskogee  Printing  Com- 
pany, as  principal,  and  W.  R.  Eaton  and  Eugene  M.  Kerr,  as  sureties,  do 
hereby  acknowledge  ourselves  indebted  to  the  State  of  Oklahoma  in  the 
sum  of  Two  Thousand  ($2,000.00)  Dollars,  to  be  paid  in  lawful  money 
of   the  United   States. 

The  above  obligation  is  conditional  as  follows:  Whereas,  The  Mus- 
kogee Printing  Company  has  entered  into  a  contract  with  Wm.  H.  Mur- 
ray, as  President  of  the  Constitutional  Convention,  for  the  printing,  pub- 
lishing, binding  and  delivering  of  Two  Thousand  Copies  of  the  Journal  of 
the  Constitutional  Convention,  according  to  the  specifications  and  re- 
quirements contained  in  contract  hereto  attached;  now  if  the  above 
bounden  ^iuskogee  Printing  Company  shall  faithfully  perform  its  con- 
tract in  all  things,  and  correctly  print,  bind  and  deliver  the  said  Two 
Thousand  Copies  of  the  said  Journal,  according  to  the  specifications  hereto 
attached,  this  obligation  shall  be  null  and  void,  otherwise  to  remain  in 
full  force  and  effect. 

Given  under  our  hands  and  seals  this  the  ....  day  of  November, 
1907.  MUSKOGEE   PRINTING   COMPANY. 

By  W.  R.  Eaton,   Treasurer. 
Sureties: 
W.    R.    EATON. 
EUGENE  M.  KERR. 


i 


CONVENTION    OF   OKF.AHOMA.  467 


l'UO('L.\3IATI()i\  ADJOIKMNC;   THi:   (  ()\Vi:XT10N. 

Whereas,  The  Constitutional  Convention  for  the  proposed  State  of 
Oklahoma,  did,  by  resolution  and  rule  of  said  Convention,  provide  that 
the  President  of  said  Convention,  should,  on  or  before  the  16th  day  of 
September,  1907,  or  at  his  discretion,  adjourn  the  Convention  sine  die: 
and. 

Whereas,  The  President  of  the  United  States  has  by  proclamation  of 
this  date  declared  that  all  requirements  enjoined  by  the  Enabling  Act 
have  been  complied  with  in  the  admission  of  the  state;  and. 

Whereas,  All  necessity  for  Convention's  continuing  in  session  has 
ceased. 

Now,  therefore,  I,"  as  President  of  said  Convention,  do  in  consequence 
thereof,  adjourn  said  Convention  sine  die. 

Given  under  my  official  signature  on  this  16th  day  of  November, 
A.   Vi.,    1907.  WM.   H.   MURRAY, 

President  of  the  Oklahoma  Constitutional  Convention. 
ATTEST: 

E.   C.   PATTON,  Minute  and  Journal  Clerk. 

CITY   OF    TISHOMINGO, 
State  of  Oklahoma. 

I,  E.  C.  Patton,  Minute  and  Journal  Clerk  of  the  Constitutional  Con- 
vention for  the  proposed  State  of  Oklahoma,  do  hereby  certify  that  the 
foregoing  is  a  true  and  correct  record  of  the  proceedings  of  said  Con- 
vention for  the  several  sessions  beginning  on  November  20,  1906,  April 
16,    1907,   and  July   10,    1907. 

Witness  my  hand,  this  the  16th  day  of  November,  A.  D.,  1907. 

E.  C.   PATTON, 
Minute   and   Journal    Clerk.    Constitutional    Convention    for   the   proposed 

State  of   Oklahoma. 

Approved  this  the  16th  day  of  November,  A.  D.,  190  7. 

WM.  H.  MURRAY, 

President  Constitutional  Convention  for  proposed  State  of  Oklahoma. 
ATTEST: 

JOHN    McLAIN    YOUNG,    Secretary. 


468  JOURNAL  OF  CONSTITUTIONAL 


KEl'OKT  OF  THE  HON.  WILIJAM   H.  MLUKAY,  PKESIDEXT  OF  THE 
CONSTITUTIONAL    CONVENTION. 


Submit trd  to  the  Seiiate  and  House  of  Representatives  ot  the  First  Lefj- 
islature  of  Okhihouia.  Mareli  2,  1»0«,  and  Ordered  Printed  as  an 
Appendix   to  the   Journal    of  the    House  of  Kepresent^itives. 


To   the    Honorable,    the   Senate    and    the   House   of    Representatives    First 
Legislature  of  Oklahoma: 

I  beg  to  submit  the  report  following  of  the  items  of  expense  and 
disbursements  made  by  me  as  President  of  the  Constitutional  Conven- 
tion of  the  State  of  Oklahoma  in  the  four  following  tables,  respectively 
marked  "TABLE  A,"  "TABLE  B,"  "TABLE  C"  and  "TABLE  D:"  all 
of  which  items  enumerated  under  the  tables  named  constitute  an  indebt- 
fcdness  and  moral  obligation  agains.  the  Government  of  the  United  States, 
and  also  a  legal  obligation  against  the  State  of  Oklahoma,  except  "Table 
C" — as  under  Section  35  of  the  Schedule  of  the  Oklahoma  Constitution 
Table  "C"  was  excepted  from  the  list  of  claims  for  which  the  Constitution, 
in  said  section  of  the  Schedule,  made  provision — as  the  Delegates  desired 
to  show  their  unselfish  desire  to  complete  their  work,  leaving  it  to  the 
generosity  as  well  as  to  the  good  faith  on  the  part  of  the  United  States 
Government  to  compensate  them  for  their  services.  If  the  Federal  Gov- 
ernment— from  selfish  party  motives  or  otherwise — refuses  to  pay  them 
they  will  never  be  paid  these  legitimate  expenses.  Many  of  the  Delegates 
were  poor  men  and  were  compelled  to  sell  their  teams  and  mortgage 
their  homes  in  order  to  attend  the  sessions  of  the  Constitutional  Con- 
vention near  its  close,  and  it  should  be  the  wish  of  every  citizen,  irrespec- 
tive of  party,  of  the  State  of  Oklahoma,  to  insist  upon  the  payment  of 
their  mileage  and  per  diem,  and  demand  of  every  Senator  and  every 
Congressman  representing  this  State  in  the  United  States  Congress  to 
insist  upon  the  payment  of  these  claims,  until  they  are  ultimately  paid 
by  the  Federal  Government.  The  aggregate  of  the  indebtedness  is  found 
in  TABLES  "A,"  "B"  and'  "C,"  and  in  "D"  where  the  amount  exceeds 
the  total  sum  found  in  Table  "B,"  making  a  grand  total  of  all  indebted- 
ness coming  under  my  authority  as  President  of  the  Convention  of  the 
sum  of  $80,153.2S;  which  does  not  include  the  expenses  incurred  by 
Governor  Frantz  and  the  Election  Board  holding  the  election  to  ratify 
the  Constitution;  nor  does  it  include  the  expenses  of  County  Clerks, 
County  Commissioners,  and  Judges,  Clerks  and  Inspectors  of  Elections  in 
the  several   Counties,   which  items  were  incurred  under  the  authority  of 


CONVENTION    OF   OKLAHOMA.  469 

Governor  Fraiitz  and  his  lOlection  Board,  togi'ther  with  the  Hon.  Chas. 
Filsou,  Secretary  ot  the  Territory  of  Oklahoma. 

lu  itemizing  these  accounts,  giving  the  name,  postoffice  address, 
number  of  certificate,  and  the  amount  of  certificate,  I  have  made  this  list 
that  the  public  may  be  enabled  to  ascertain  whether  or  not  these  exi)enses 
were  legitimately  incurred.  In  the  issuance  of  the  certificates  enumer- 
ated in  the  following  tables  I  deemed  this  course  necessary  and  expedient 
to  prevent  false  claims  being  made,  and  to  fix  the  amount  to  which  each 
were  entitled  when  payments  shall  have  been  made. 

Nor  do  these  amounts  include  compensation  for  the  Legal  Advisory 
Committee  appointed  by  the  Convention  to  conduct*  the  defense  in  the 
injunction  proceedings  in  the  Federal  Courts  of  the  Territory  of  Okla- 
homa, as  I  had  no  authority  under  the  rules  to  fix  compensation  for 
them.  This  committee  consisted  of  J.  F.  King,  G.  A.  Henshaw,  W.  A. 
Ledbetter,  Charles  Moore,  S.  W.  Hayes  and  R.  L.  Williams;  three  of 
whom  to-wit:  W.  A.  Ledbetter,  Charles  Moore  and  S.  W.  Hayes,  in  addi- 
tion to  serving  as  attorneys  in  such  cases,  made  a  trip  to  Washington 
City.  I  may  also  add  that  in  the  first  litigation  the  able  and  efficient 
services  of  Delegate  Henry  E.  Asp  were  secured.  Equity  and  justice 
should  dictate  the  payment  of  a  reasonable  attorney's  fee  for  each  of 
the  gentlemen  named,  which  I  s'->ould  suggest  at  from  $500.00  to  $1,000 
each. 

1  may  add  also  that  I  have  not  included  in  this  list  any  expenses 
incurred  by  myself  except  thos<:>  which  were  directly  authorized  by  rules 
of  the  Convention,  and  that  as  shown  in  "TABLE  D"  I  paid  out  funds  for 
clerical  hire,  under  direct  authority  of  the  rules,  a  sum  over  and  above 
cash  collected  from  citizens  in  a  sum  of  $766.15;  that  indirectly,  but  noi 
authorized  by  the  Convention  under  the  rules,  I  paid  out  more  than 
$3,000.00  in  addition  thereto,  for  which  T  make  no  charge  either  against 
the  State  or  the  Federal  Government. 

The  printing  and  clerical  accounts  named  lierein  should  have  an 
immediate  appropriation  to  meet  the  claims  therein  named,  as  printing 
establishments  are  compelled  to  pay  heavy  interest  upon  money  bor- 
rowed to  do  the  work  of  printing  for  the  Convention.  In  connection  with 
the  clerical  hire,  I  wish  specially  to  mention  the  names  of  the  Hon.  John 
M.  Young,  Secretary,  E.  C.  Patten,  Minute  and  Journal  Clerk,  and  Sam 
Oppliger,  Official  Reporter,  who  catching  the  spirit  of  the  Delegates 
themselves,  were  always  ready  to  serve  even  after  the  appropriation  had 
been  exhausted,  and  never  once  demanded  compensation  as  a  condition 
of  service.  These  men  need  their  money,  and  an  appropriation — as  stated 
before — should  be  made  to  pay  their  claims. 

As  President  of  the  Convention  each  and  all  of  these  claims,  except 
the  estimated  amount  due  S.  A.  Oppliger  and  O.  T.  Smith,  have  been 
audited  and  certificates  issued  covering  the  exact  amount  due,  but,  since 


470  JOURNAL  OF  CONSTITUTIONAL 

these  certificates  were  sent  by  mail  to  each  person  contributing  funds,  as 
well  as  to  others  to  whom  amounts  were  due,  some  of  them  have  been 
lost  in  the  mails.  I  suggest  that  payment  should  be  made  directly  to 
the  party  named  herein,  upon  presentation'  of  the  certificate,  or  upon 
the  certificate  if  held  by  other  persons  when  transferred  in  writing  and 
signed  by  the  person  to  whom  the  certificate  was  issued.  If  this  policy 
is  not  followed  there  is  great  danger  of  certificates  being  presented  by 
persons  who  are  not  legally  entitled  to  the  <*ertificate. 

The  grand  total  of  indebtedness,  as  detailed  below  is  $80,153.28.  In 
the  two  items  due  S.  A.  Oppliger  and  O.  T.  Smith,  marked  in  Table  "A" 
as  "estimated  amount  due,"  I  recommend  that  I  be  permitted  to  audit  these 
claims,  as  a  portion  of  the  transcript  has  not  been  completed  and  deliv- 
ei'ed  to  me  as  provided  by  the  rules  of  the  Constitutional  Convention  since 
a  great  portion  of  it  is  now  in  my  hands  it  will  be  necessary  for  me  to 
go  over  the  transcript  to  ascertain  whether  it  is  completed  before  filing 
the  same  with  the  Department  of  State. 

All  of  which  is  most  respectfully  submitted. 

WM.    H.    MURRAY, 
Ai  President  of  Constitutional  Convention,  State  of  Oklahoma 


TABLE    "A" 

Of  Cle^'ical  Hire  and  Printing. 


ind    Nature    of    Claims. 


Johu    M.    Young,    Lawton ;    Secretary,    per 

diem    and    mileage     1751  8-1507      $  822.00 

E.    C.    Patton,    Tishomingo;    Clerical    hire, 

per     diem     and    mileage     1752  8-15-07      727.50 

K.    E.     Bagby.     Morrison:     Clerical    hire.. 1753  8-15-07  65.00 

-X.     A.    Gordon,    Oklahoma    Citv,    Clerical 

hire      1754  8-15-07      100.00 

VV.   A.    Durant,    Durant;    Sergeant-at-arms, 

mileage,    per    diem 1755  8-15-07  161. Id 

I).   C.   Oats,   Alva;    Asst.   Sergeant-at-arms.  1758  8-15-07  55.00 

J.     E.     Thomas,     Tjawton ;     Messenger.  .  .  .  1757  8-15-07  8.00 

Uosalie  Jarrell,  Oklahoma  City;  Official  Re- 
porter      1758  8-15-07  66.00 

Ham   P.    Be".    Ardmore;    Official   Reporter .  1759  8-15-07  (Balance   due)     95.00 

C.  T.    Byrd.    Broken    Arrow;    Committee 

Clerk    1760  8-15-07  44.(10 

D.  F.  Gore,  Lawton;  Committee  Stenog- 
rapher     1701  3-15-07  8.00 

C.    W.    Meek.    McAlester:    Postmaster.  .  .  .  ]7(i'?  S-15-07  72.00 

Porter    Spaulding,    Mu.skogee ;    Usher ....  1763  8-15-07  62.50 

Con    Harrington.    Guthrie:     Night    Watch.  1764  8-15-07  116.00 

O.    N.    Watts.    Sallisaw:    Page 176.«i  8-15-07  (Balance  due)    12.00 

Ion    Smith,    Guthrie:     Page 1766  8-15-07  18.00 

Edward   M.   Gait,    Oklahoma   City;    Page..  1767  8-15-07  (Balance   due)     22.00 

R.    E.    .Jackson,     Sallisaw;     Page 1768  8-15-07  22.00 

Wm.    E.    L.    Durant.    Durant:    Page 1769  8-15-07  22.00 

Guy    Brisindive.     Guthrie:     Page 1770  8-15-07  (Balance   due)     16.00 

John    Alexander,    Perry;    .Tanitnr 1771  8-1507  (Balance  due)     30.00 

Krank     Xaylor.     Minco;     (nianlain,    mileage 

per  diem    1772  8-15-07  114.00 


CONVENTION    OF   OKLAHOMA.  4  71 

Tablo  "A" — CiMitiiiiU'd. 


Addri'sss    iiiul    XMtiii 


C;i;n-les   L.   Smith,   Guthrie;    Page 1773      8-I0  07     (Bnlaiic.-    due)     62.00 

•T.    K.  Wyand.  Muskogee;  Supreme  Election 

Board,     mileage     and     per     diem 1774     ,s-1507     10.5.00 

D.     X.     Kobb,     Atoka ;     Supreme     Election 

Board,    mileage    and    per    diem 1775     8-15-07  lo.s.do 

J.    C.    McClelland,    Pond    Creek;    Supreme 

Election  Board,  mileage   and  per  diem.  .177()     8-15-07     79.00 

l).\ke  Ballinger,  Anadarko;  Supreme  Elec- 
tion   Board,    mileage    and    per    diem.  .  .  .1777     8-1507     102.00 

■Jolm  M.  Young,  Lawton ;  Supreme  Elec- 
tion   Board,    mileage    and   per    diem.  .  .  .1778     8-15-07    102.00 

George   Rice,    (Col.)    Guthrie:    Janitor.  .  .  .  1891     8-15-07     27.50 

The  Leader  Co.,  Guthrie ;  Printing  to  ad- 
journment   in    April     341     7-23-07     15,(572.94 

J.  Frank  Laux,  Guthrie:  Writing  Constitu- 
tion   certificates     342     8-26-07     48.00 

O.   T.   Smith,  Guthrie:    Official  Reporter  on 

account   of  transcript    347     9-16-07    500.00 

S.   A.   Oppliger,   Guthrie:    Offi(*al  Reporter 

on    account    transcript     348     9-16-07     300.00 

.James   Noble.    (Col.)    Guthrie:    Janitor.  .  .  .    350     9-14-07     10.00 

Daily     Capital,     McAlester;     Printing     two 

proclamations    to    hold     election 351     9-16-07     25.00 

Daily  Leader,  Guthrie:  Publishing  proc- 
lamation   for    election     352     9-16-07    12.50 

Miss  J'osephine  Schott,  Peri-y ;  Stenograph- 
er         353     9-16-07    40.00 

C.  W.    Allen,    Carney;     Special    work    as 

stenographer    copying    Constitution 356     9-16-07    52.00 

Daily    Leader,    Guthrie;    Engrossing    paper 

and   supplies  for  Constitutional   Conven- 
tion        463     9-16-07     207.25 

S.   A.   Oppliger.   Guthrie;    Official  Reporter 

account    transcript     469  tO-16-07    300. Oo 

Smith     Premier     Typewriter    Co.,    Kansas 

Citv,    Mo.:     Rent    on    machine 470     9-16-07      10.00 

O.    T.    Smith,    Guthrie:     Official    Reporter, 

account    transcript     471  300.00 

J.imes    Blasingame,     Tishomingo;     Clerical 

hire    472  1115  07    

Edwin   Gault.   Ardmore:    Clerical   hire.  .  .  .    473  11-26-07    (Balance  due)    

D.  J.    Clements,    Ardmore;    Clerical   hire.  .    47*  11-26-07    (Balance  due)     

Mi.ss  Lela  Colbert,  Ardmore:   Cb  rical  hire.    475  11-26-07    (Balance   due)     

Plarry   Lowenstein,   Ardmore:    Clerical  hire  476  11-16-07    

Mrs."  Edna    Williams,     Ardmore:     Clerical 

hire    477  11-16-07     (Balance    due)      

Luther    Miller,    Ardmore:     Clerical    hire..    478  IIKJ-OT    (  Bnlancf    dui'>     

Mrs.   Ann  Adams,   Tishomingo ;   Typewriter 

paper      479  1 1-16-07     3.50 

T>e!uler     Printing     Co.,     Guthrie;     Printing 

75000    Constitutions 480     9-16-07    15,400.00 

Leader  Printing  Co.,  Guthrie;  balance  on 
Constitutional  Convention  printing  sup- 
T)lies  and  charges   relating  to  same 481  11-14-07    6,998.04 

G.   C.   Stark.   Guthrie;    Clerical   hire 482     9-16-07 55.00 

Miss  Josephine  Schott,  Perry;  Stenog- 
rapher          483     9-16-07    110.00 

E.  C.   Patton,    Tishomingo:    Clerical   hire..    484  31-16-07     180.00 

Ham    P.    Bee.    Ardmore;    Cb.rical   hire.  .  .  .     185  11  16-07     42.00 

Sam  Oppliger.  Ardmore:  Balance  transcrib- 
ing   debates    of    Convention     (estimated)  900.00 

O.  T.  Smith,  Guthrie:  Balance  transcrib- 
ing   debati's    of    Convention     (estimated) 700.00 

(J.Hbe    Burdott.    Guthrie:     Janitor 486     9  1607     27.50 

John    Ale.xander,    Perry:    Janitor 487     9  16-07 20.00 

Total     Table     "A" $45349.13 


3-.i 

."iO 

20.75 

39 

..■>o 

oO 

28 

.25 

26. 

00 

22. 

00 

472  JOURNAL  OF  CONSTITUTIONAL 


TABLK    "B" 

Of  Cash   Collected  and  I'aid  Out  f«)r  Clerk  Hire. 


Name,    Address    and    Nature    of    Claims. 

0-^ 


Ofe 


John    B.    Favre,    Lovell,    Okla. ;    Cash    con- 
tributed        251  71.S.07  $  1.00 

A.    A.    Byers,    Oklahoma    City;    Cash    con- 
tributed        252  7-18-07  1.00 

A.    L.    Hausam,   Coweta;    Cash   contributed   253  7-18-07  22.00 

Riley    Copeland,    Grove;    Cash    contributed   254  7-1807  ^20.00 

W.    L.   Helton,   Marshall;    Cash  contributed   255  7-18-07  20   GO 

T.    C.    Wyatt,    Wanette;    Cash    contributed   256  718-07  20.00 

J.   C.    Graham,    Marietta;    Cash   contributed  257  7-18-07  20.00 

•T.    J.    Quarles,    Fairfax;    Cash    contributed   258  7-18-07  20.00 

Flowers    Nelson,    Tulsa;    Cash    contributed   259  7-1807  20.00 

VV.    J.    Caudill,    Hobart ;    Cash    contributed   260  7-1807  20. (JO 

W.   H.  Kornegay,  Vinita ;  Cash  contributed   261  7-18-07  20.00 

J.    A.    Harris,    Wagoner;    Cash    contributed   262  7-1807  20.00 

,T.   C.    Ma.1ors,    Granton;    Cash   contrlDuted .  .26;*  7-18-07 2o!oo 

J.    H.    Langley,    Pryor    Creek;     Cash    con- 

trlbued     264  718-07  20.00 

F.  C.    Tracy,    Beaver;    Cash    contributed.  .    265  7-18-07  20.00 

J.   L.   Mitch,  Oklahoma  City;   Cash  contrib- 
uted          266  7-18-07  20   00 

Don   P.   Wills,    Miami;    Cash  contributed.  .    267  7-18-07  20   00 

R.    J.    Allen,    Duncan;    Cash  contributed.  .    268  7-18-07  20.00 

Gabe    E.    Parker,    Academy:    Cash    contrib- 
uted        269  7-18-07      20   00 

J    K.   Hill,    Catoosa:   Cash  contributed.  .  .  .    270  7-18-07  20.00 

W.   N.   liittlejohn,    Sallisaw ;    Cash  Contrib-  " 

uted    271  7-18-07  20.00 

Ilenrv    L.    Cloud,    Wellston;    Cash    contrib- 
uted        272  7-1807  20.00 

John  Carr,    Frederick;    Cash   contributed.  .    273  7-1807  20.00 

Charles   L.    Moore,    Enid;   Cash  eontrilnited   274  7-1807  20.00 

C.  S.  Leeper,  Dougherty;  Cash  contributed   275  718-07  20.00 

Boone  Williams,   Lehigh:   Cash   contributed   276  7-18-07  20.00 

W.   S.    Deering,   Thomas;    Cash  contributed   277  7-18-07  20.00 

VV.    B.    Hudson,    Henryetta ;    Cash   contrib- 
uted          278  7-18-07  20 .  00 

J.   H.  N.   Cobb,   Sapulpa;    Cash   contributed   279  7-18-07  20.00 

J.    L.    Acres,    Woodford;    Cash    contributed   280  7-18-07  20.00 

J.    A.    Baker,    Wewoka;    Cash    contributed  281  7-18-07  20.00 

R.   L.   Williams,   Durant;    Cash   contributed   282  7-18-07  20.00 

A.  G.    Cochran,    Hartshorn;    Cash    contrib- 
uted          283  7-1 8-07  20 .  00 

J.   J.    Savage,    McKnight;    Cash   contributed   284  7-18-07       20.00 

W.   T.    Dalton,    Broken   Arrow:    Cash    con- 
tributed          285  7-18-07  20.00 

C.    M.    McClain,   Purcell:    Cash   contributed   286  7-18-07  20.00 

J.    F.    King,    Newkirk;    Cash    contributed.  .    287  7-18-07  20.00 

J.    S.    Latimer,    Wilburton ;    Cash    contrib- 
uted          288  7-18-07, 20.00 

C.    W.   Board,    Okfuskee:    Cash   contributed   289  7-18-07  20.00 

(Certificate    290  cancelled.) 

Henrv    S.    Johnston,    Perry;    Cash    contrib- 
uted         291  7-1S-07  20.00 

J.    W.    Swart.s,    Chelsea;    Cash    contributed   292  7  18-0?  20.00 

P.    B.    Hopkins,    Muskogee;    Cash   contrib- 
uted          293  7-1807  20.00 

C.  "V.  Rogers,  Claremore:    Cash  contributed   294  718-07  20.00 

G.  M.    Berrv,    Pawnee:     Cash    contributed   295  7-1807  20.00 

J     B.    Harrison,    Sayre;    Cash    contributed   296  718-07  20.00 

B.  F     Harrison,    Calvin;    Cash    contributed   297  7-18-07  20.00 

W.   A.   Ledbetter,   Ardmore :    Cash   contrib- 
uted          298  7-1807  20.00 

J     B.    Tosh,    Hobart:    Cash    contributed..    299  71807  20.00 

J     I.    Wood,    McAlester;    Cash    contributed   :i01  7-18-07  20.00 

J.    C.    Wood,    McAlester;    Cash   contributed   301  7-18-07  20.00 


2 

.00 

.HO 

2 

.50 

1 

.00 

5 

.00 

5 

.00 

5 

.00 

o 

.50 

1 

.00 

1 

.00 

1 

.00 

5 

.00 

2 

.50 

1 

.00 

25 

.00 

5 

.00 

CONVI<:NTr()N    OF    OKLAHOMA.  4  73 

Tal»l«'  "15" — Coiit  ill  lied. 

Nuturi'     of    Claims,     r    .  ^  =  Amount. 


Artliiir     1'.    Tylor,    Uuthrie;    Cash    contrib- 

iiffd      302  7-1807     

J.   I'.  Kdi-ingtoi),  Duncan;   Cash  Kontributed  303  71807    

1{.   H.   Edwards,   Duncan;   Cash  contributed  304  7-18-07    

\V.    F.    Kvans,    Duncan;    Cash    contributed  305  7-18-07    

U.   H.  Prensley,   Duncan;    Cash   contributed  306  7-18-07    

\V.    P.    Fowler,    Duncan;    Cash    contributed  307  7-18-07 

J.    A.    Fowler,    Duncan;     Cash    contributed  308  7-18-07 

Foster  Simmons,  Duncan;  Cash  contrib- 
uted      309  7-18-07      

H.    C.    Frye,    Duncan;    Cash   contributed.  .  310  7-18-07     

J.   O.  Galloway,   Duncan;   Cash   contributed  311  7-18-07    

Wni.  Henry  Gray,  Guthrie;  Cash  contrib- 
uted        312  7-18-07    

W.   T.    Howell,    Duncan;    Cash   contributed  313  7-18-07    

Harris    Hall,    Duncan;    Cash    contributed.  .  314  7-18-07    

O.    C.    Holder,    Duncan;    Cash    contributed  315  7-18-07    

Roy   Hoffman,    Chandler;    Cash   contributed  316  7-20-07    

Sid    Jones,     Duncan;     Cash    contributed.  .  317  7-18-07     

Frank    Jones,    Duncan;    Cash    contributed.  318  718-07     

(Jilky-Jarboe     Hdw.     Co.,     Duncan;     Cash 

contributed     319  7-18-07     2 .  .'">0 

Jackson  &  Wilson,  Duncan;  Cash  contrib- 
uted      320  7-18-07    1.00 

Warren  Jeanes,    Duncan;    Cash  contributed  321  7-18-07    1 .  oo 

D.  Long,    Duncan;    Cash    contributed.  .  .  .  322  7-18-07    1 !  00 

Ira    Loyd,    Duncan ;     Cash    contributed.  .  .  32'3  7-1807    2 !  50 

J.   L.   Markham,   Duncan;   Cash  contributed  324  7-18-07    5.O0 

K.    A.    Mills,    Duncan;    Cash    contributed.  .  325  7-18-07      2!oo 

G.  G.  ■  Overstreet,  Prague ;  Cash  contrib- 
uted        326  7-18-07      1    00 

John    O'Neall,    Duncan;     Cash    contributed  327  7-18-07      5'00 

J.    F.    Russell,    Duncan;    Cash    contributed  328  718  07      1 !  00 

J.   P.   Robinson,   Duncan;   Cash   contributed  329  7-18-07      1    00 

R.    R.    Sanders,    Sayre;    Cash    contributed  330  7-18-07      1  ioo 

Joe    Sadler,    Duncan;     Cash    contributed.  .  331  7-18-07      5   00 

G.    W.    Suitor,    Duncan;     Cash    contributed  332  7-18-07      ^50 

J.   B.   Sampson,   Duncan;    Cash  contributed  333  7-18-07      1 .  00 

U.    Ij.    Kinner,    Duncan;    Cash    contributed  334  7-18-07      l!oO 

'I'hoinas    &    Williams,    Duncan ;    Cash    con- 

trilmted     335  7-18-07      2 .  50 

J.    O.    Thomas,    Duncan ;    Cash    contributed  336  7-18-07 1    00 

J.    D.    Wade,    Duncan;    Cash   contributed.  .  337  7-18-07      5^00 

J.    W.    Weeks,    Duncan;    Cash    contributed  338  7-18-07      1 .  00 

S.   H.   Williams,   Duncan;    Cash  contributed  339  7-18-07      1.00 

E.  M.    Yates,    Duncan:     Cash    contributed  340  7-18-07     2.00 

Reuben     Harrison,    Oklahoma    City;    Cash 

contributed      343  8-20-07      1  .  00 

Moman  Pruett,  Pauls  Valley;  Cash  con- 
tributed        344  8-26-07     1.00 

1{.  J.    Kdwards,   Oklahoma  Cfty ;  Cash  con- 

trib\ited      345  8-20-07 1 .  00 

W.  E.  Brof^den,  Belton ;  Cash  contrib- 
uted        346  8-26-07      2 .  50 

Oscar  Davenport,  Tishomingo;  Cash  con- 
tributed        349  8-26-07      

Felix     Adler,     Guthrie;     Cash     contributed  354  8-i507 

Wm.  H.  Murray,  Tishomingo;  Cash  con- 
tributed        355  8-15-07 

W.    A.    Carlock,    Stroud;    Cash    contributed  357  8-1,5-07 

Omar   McCowan,    Stroud:    Cash  contributed  358  9-16-07      

H.    M.    Jarrett,    Stroud;    Cash    contributed  359  9-16-07      

D.  C.  McCurtain,  McAlester;  Cash  con- 
tributed        360  9-16-07    

Arnold   *   Irrin,    Sparks;    Cash   contributed  361  9-16-07.     

W.    T.    Brown,    Sparks;    Cash    contributed  362  9-16-07      


1 

.00 

5 

.00 

20 

00 

5 

00 

5 

00 

5 

.00 

10.00 

1  , 

.00 

1, 

,00 

JOURNAL  OF  CONSTITUTIONAL 
Table  "B" — Continued. 


Name,    Address   and    Nature   of    Claims.       t.    ■  2  s  Amount. 

J.     P.     Brown,     Sparks;     Cash    contributed   363  9-16-07  .25 

J.   B.   Adkins,    Sparks;   Cash  contributed.  .    364  9-19-07  .25 

F.     C.     Adair,     Dutch    Mills,     Ark.;     Cash 

contributed      365  919-07  1 . 00 

J.  A.  Alberty,  Westville ;    Cash   contributed   366  9-16-07  1.00 

T.   J.    Adair,    Tahlequah;    Cash   contributed   367  9-1G-07  '.  1.00 

Geo.  P.  Clark,  Westville;  Cash  contrib- 
uted          aC8  9-16-07  ^     2 . 50 

Ed    Cline,    Barron;    Cash    contributed.  .  .  .    369  9-16-07  5.  00 

J.    I.    Casey,    Tahlequah;    Cash    contributed   370  9-16-07  2.00 

VVm.  Chandler,  Tahlequah;  Cash  contrib- 
uted         371  9-16-07  1.00 

J.    T.    Cunningham,    Sr.,    Tahlequah ;    Cash 

contributed      372  9-16-07  1 .  00 

M.  Dryden,  Coffeyville,  Kans. ;  Cash  con- 
tributed          373  9-16-07  1 . 00 

Dale    &    Smith,    Sparks;    Cash    contributed   374  9-16-07  1.00 

T.    H.    Dillard,    Sparks:    Cash    contributed   375  9-16-07  1.00 

W.  H.   Davis,   Stihvell ;   Cash  contributed.  .    376  9-16-07  1.00 

Dr.  J.  L.  Dement,  Tahlequah;  Cash  con- 
tributed         377  9-16-07  1 .  00 

F.     B.    Earl,    Sparks;    Cash    contributed..    37J<  9-16-07  1.00 

\l.  W.  Foster,  Tahlequah;  Cash  contribut- 
ed          379  9-16-07  1.00 

T.  L.  Gallagher,   Sparks:    Cash  contributed   380  9-16-07  .25 

James    Heard,    Sparks;     Cash    contributed  381  9-16-07  1.00 

Waddie  Hudson,  Tahlequah;  Cash  contrib- 
uted          382  9-16-07 1 . 00 

Joe   Hunter,    Tahlequah;    Cash   contributed  383  9-16-07  1.00 

W.  H.  Kelley,  Snow  Creek;  Cash  contrib- 
uted     384  9-16-07  4.00 

W.  F.  Langley,  Wauhillau;  Cash  contrib- 
uted          385  9-16-07  1 .  00 

E.  M.  Landrum,  Tahlequah;  Cash  con- 
tributed          386  9-16-07  1 .  00 

•Joe    McNerny,     Sparks;     Cash    contributed   387  9-16-07  1.00 

Bob    Mayes.    Sparks;    Cash    contributed..    388  9-16-07  1.00 

Ernest  McDaniel,  Tahlequah;  Cash  con- 
tributed          389  9-16-07  1 .  00 

J.   B.   Moore,   Tahlequah;    Cash  contributed   390  9-16-07  1.00 

A.   J.    Miller,   Tahlequah;    Cash  contributed   391  9-16-07  1.00 

J.  R.  Miller,   Tahlequah:   Cash  contributed  392  9-16-07  1.00 

S.  L.   Miller,   Tahlequah;    Cash   contributed   393  9-16-07  1.00 

C.  D.  Markham,  Tahlequah;  Cash  contrib- 
uted          394  9-16  07  1.00 

J.  L.  Manus,  Tahlequah:   Cash  contributed  395  9-16-07  1.00 

Samuel  Nicholson,  Tahlequah :  Cash  con- 
tributed          396  9-16-07  1.00 

Pan    Percy,    Tahlequah;     Cash    contributed   397  9-16-07  1 .  00 

E.    I.    Rickkard.    Sparks;    Cash   contributed   398  0-16-07  .25 

J.  W.  Reid,   Tahlequah;    Cash  contributed      399  9-16-07  1.00 

A.  J.    Sharyer,    Ballard:    Cash    contributed  400  9-16-07  1.00 

Arthur  Sanders,  Christie;  Cash  contrib- 
uted          401  9-16-07  1.00 

\V.   H.  Tawnee,   Sparks:    Cash   contributed  402  9-16-07  1.00 

W.  A.  Thompson,  Tahlequah;  Cash  con- 
tributed          403  9-16-07  2.00 

James     P.     Thompson,     Tahlequah;     Cash 

contributed      404  9-16-07  1-00 

C.   H.  Whitmirc,   Barron;   Cash  contributed  405  9-16-07  1-00 

B.  H.  Whittaker,  Westville;  Cash  con- 
tributed     406  9-16-07  1-00 

Perry  Wyly,   Tahlequah;   Cash  contributed  407  0-16-07  2.00 

C.  C.    Younfr,    Sparks;    Cash    contributed  408  9  16-07  .50 

W.   G.   Draper,  Madill ;   Cash   contributed.    462  9-16-07  1-00 


CONVENTION   OF   OKT.AHOMA. 
Table  "B" — Contimietl. 


475 


I'ss    and    Niiturp    of    Claims.        t:  j^- 


Will.    M.    Franklin,    Madill;    Cash    contrib-  ,     ^ 

„t,Ml     : 410      9-lf.-07 

W.  T.  Pace,  Madill;  Cash  contributed  411  9  1007 
David  Kussell,  Madill;  Cash  contributed  412  9-1607 
John  Dearick,  Madill;  Cash  contributed  413  9-10-07 
T.  C.  Rollins,  Madill;  Cash  contributed  414  916-07 
W.  F.  Slangliti-r,  Madill;  Cash  contributed  415  9-16-07 
H     E     KodricU,    Madill  ;    Cash    contributed   416     9-16-07 

M.     Scott,     iMadill:     Cash     contributed 417      9-16-07 

C     A     Johnson,    Madill:    Cash    contributed   41S     9-16-07 

H.    KeiltVr,    Madill;    Ca.sh    contributed 419     9-16-07 

(!ol)iy    Bros.     &    Thompson,     Madill;    Cash 

contributed      420     9-16-07 

U  W.  Watkins,  Madill;  Cash  contributed  421  9-16-0  < 
R  C  Frame,  Madill;  Cash  contributed  422  9-16-07 
R.  H.  Chowning,  Madill;  Cash  contributed  423  9-10-07 
Slough    &    Minter,    Madill;    Cash    contrib- 

utid      424     9-10-07 

W.    A.    Lawrence,    Madill;    Cash    contrib- 
uted         425     9-16-07 

Tom     IloUingsworth,     Madill;     Cash     con- 
tributed          426     9-16-07 

A  C.  Benge,  Madill;  Cash  contributed  427  9-16-07 
Ed  Devanev,  Madill;  Cash  contributed..  428  9-16-07 
B.  C.  Bills,  Madill;  Cash  contributed..  429  9-16-07 
K.  B.  Herron,  Madill;  Cash  contributed  430  9-16-07 
C  S  Commandv,  Madill:  Cash  contributed  431  9-16-07 
A.  G.  Eakins, "  Madill ;  Cash  contributed  453  9-16-07 
Ross  Hollingsworth,  Madill;  Cash  con- 
tributed     433      9  16-07 

J.    H.    Landrum,    Kingston;    Cash    contrib- 
uted          434     9-10-07 

Sterling     Littrells,     Kingston;     Cash     con- 
tributed          435     9  16-07 

B     G.    Beavers,    Kingston;     Cash    contrib- 
uted          436     916  07 

J.    M.    Patterson.    Kingston;    Cash   contrib- 
uted          437     9-16-07 

J      W.     Kennedy,     Kingston;     Cash    cont- 

tributed     438     9-16  07 

\V.     K.     Kennedy,     Kingston;     Cash     c.-i- 

tribnted      4S9     9-16-07 

Will     Smith,     Kingston;     Cash    contributed   440     9-10-0/ 
Elmer  Jones,    Kingston;    Cash   contributed  441     916-07 
B     R.    Johnston,    Kingston;    Cash    contrib- 
uted          ■^■^'^     9.]  6-07 

r.  H.  Coffee,  Kingston;  Cash  contributed  443  9-10-0  < 
Bruce  May,  Kingston;  Cash  contributed  444  9-16-07 
G.  M.  Jones,  Kingston;  Cash  contributed  445  9-10-07 
L.  E.  Jones,  Kingston;  Cash  contributed  446  9-10-07 
James  Mitchell,  Kingston;  Cash  contrib- 
uted          447     9-16-07 

W.    C.   liaadrum,    Kingston;    Cash   contrib- 
uted          448     9-16-07 

C  H.  Terrv,  Kingston;  Cash  contributed  449  9-10-07 
B  B.  Stei'i,  Kingston;  Cash  contributed  450  9-10-07 
J.  R.  Maxiy.  Kingston;  Cash  contributed  451  9-10-07 
E.  Wiley,  Kingston;  Cash  contributed  452  9-10-07 
A.    E.    iVa'w  son,    Kingston;     Cash    contrib- 

„,od 453      9-10-07 

Dick  Berry,  Kingston:  Cash  contributed  454  9-10-07 
R.     L.     EinR>y,    Kingston;     Ca.sh    contrib- 


uted 


55     9-16-07 


5. 

.00 

1, 

.00 

.5 

.00 

5 

.00 

1. 

.00 

1 

.00 

.50 

2 

..50 

.25 

1 

.0(1 

1 

.00 

1 

.00 

.50 

1 

.00 

1  , 

,00 

.50 

,50 

1 

.  00 

1 

.00 

..50 

2 

.00 

.50 

1 

.00 

1 

.00 

1 

.00 

R.    S.    Murpliey,    Kingston;    Cash    contrib- 

„(p,l  450     91 607 

Sam     Little,  '  Kingston';     Cash     contributed   457     9-10-07 


1.00 
1.00 


JOURNAL  OF  CONSTITUTIONAL 
Table  "B" — Continued. 


Name.    Address    and    Xatiii-e    of    Claims. 


cS^ 


W.  S.  Strange,  Kingston;  Cash  contrib- 
uted     ....     458      9-16-07      1 .  00 

J  K.  Whallen,  Kingston;  Cash  contrib- 
uted          459     9-1607      1 .  00 

J.    N.    Little,    Kingston;    Cash    contributed   460      9-16-07      1.00 

Barlow  Roberts,  Kingston;  Cash  contrib- 
uted          461      9-16-07     5.00 

R.  A.  Medeaiis,  Westville;  Cash  con- 
tributed          464      9-16-07      1.00 

W.  T.  Ripton,  Westville;  Cash  contrib- 
uted          46.5     9-16-07      1.00 

B.  W.  Alberty,  Westville;  Cash  contrib- 
uted          466      9-16-07      1.00 

J.  T.  Sheffield,  Westville;  Cash  contrib- 
uted           467     916-07      1.00 

F.  S.  Howard  Ai  Co.,  BaiTon;  Cash  con- 
tributed          468     9-16-07      1.00 

John  J.  Gerlach  Woodward;  Cash  con- 
tributed       ■ 1     7-18-07      100.00 

D.  P.  Marum,  Woodward ;  Cash  contrib- 
uted       2      7-18-07     25.00 

H;:m   P.   Be?.   Ardmore;    Cash  contributed  3      718-07      5.00 

J.  B.  Thompson,  Pauls  Valley :  Cash  con- 
tributed               4      7-18-07      1.00 

Rosalie     Hamblin,     Oklahoma     City ;     Cash 

contributed      5      7-18-07      1 .  00 

O.    T.     Smith,    Guthrie;     Cash    contributed        6     7-17-07      5.00 

M.  L.  Goodwin,  Atistin,  Texas;  Cash  con- 
tributed      7      7-18-07      1 .  00 

R.  R.  Ansley,  Tishomingo;  Cash  con- 
tributed               8      7-18-07      1 .  00 

J.  M.  Armstrong,  Duncan;  Cash  contrib- 
uted        9      7-18-07      5.00 

Charles    Adler,    Guthrie;    Cash    contributed      10     7-18-07      2.00 

J.  H.  Arnold,  Mill  Creek;  Cash  contrib- 
uted             11      7-18-07      1.00 

J.     M.     Adams,     Ryan;     Cash     contributed      12      7-18-07      .50 

W.     H.     Allen,     Ryan ;     Cash     contributed      13     7-18-07      1 .  00 

C.  A.  Ammons,  Woodford:  Cash  contrib- 
uted             14     7-18-07      1.00 

W.     R.     Akers.     Woodford;     Cash    contrib 

uted      15     7-18-07      1.00 

J.    D.    Akers,    Woodford;    Cash    contributed      16     7-18-07      1  •'•'■ 

G.  B.    Akers.   Woodford;    Cash   contributed      17     7-18-07      3.00 

S.  P.  Buckler,  Bartlesville ;  Cash  con- 
tributed             18     7-18-07      1.00 

O.  T.  Beckham,  •  Lamont ;  Cash  contrib- 
uted             19     7-18-07      •  1.00 

T.    L.    Burns.    Edmond:    Cash    contributed      20     7-18-07      100 

Chas.    M.    Burks.    Edmond;    Cash    contrib-  ,    ^^ 

uted      21      7-18-07      S  ■  00 

R.  H.  Bennett,  Mill  Creek;  Cash  contrib- 
uted            22     7-18-07         100 

D.  M.   Bennett.   Mill   Creek;    Cash   contrib-  ,    ^„ 
uted      23      7-18-07      1  •  00 

J.    C.    Bennett,    Mill    Creek;    Cash    contrib-  ,    ,^ 

uted      24     7-18-07     1-00 

T    B.   Bond.   Mill   Creek:    Cash  contributed      25     7-1 807      1    00 

Beaslev  k  Chrisman,  Spiro;  Cash  con- 
tributed            26     7-18-07      1-00 

nr.     Beckett.     Spiro;      Cash      contributed      25      7-18-07      1  ■ ''0 

.1.    E.    Brvnn,    Ft.    Smith.    Ark.;    Cash   con-  __    ^^ 

tributed      28     7-18-07      10'^ 

Z.    T.    Burton.    TishominRo;    Cash    contrib- 

uted 29     7-18-07      }00 

S.    P.    Baker.    Beggs;    Cash    contributed..      30     7-18-07      1  •  00 


CONVENTION    OF   OKLAHOMA.  4  77 

Table  "li" — (  (nitinuc'd. 


Xania, 

AUdrcs 

S     Mild 

Natui-c 

of    Claims 

Ami 

Dunt. 

K.     B.     Uarker,     Beggs;     Cash    ciJiitributed  31  (18-07  1.00 

H.    H.    Barker,     Begg.s ;     Cash    .-ontributed  32  7-18-07  1.00 

E    M.  Bamford,  Guthrie;  Cash  contributed  33  718-07  1.00 

.\I.     II.     Barrett,     Rvan ;     Cash    contributed  34  7-18-07     2. .50 

.T.  "  B.     15ailv,     Kyan ;     Cash    contributed..    .35  718-07  .50 

J.    R.    Brovvn,    Ryan;    Cash    contributed..  3H  718-07  1.00 

First     National     Bank,     Ryan;     Cash    con- 

tributed      37  7-18-07  5.00 

L.    L.    Busby,    Ryan;     Cash    contributed..  3H  7-18-07  .50 

(ien.    ,T.    Bright,    Ryan;     Cash    contributed  39  7-18-07  .50 

J.  W.  Brock,  Ryan;   Cash  contributed.  ...  40  7-18-07  .25 

■r.    M.    Bounds,    Ryan;    Cash    contributed..  41  718-07  1.00 

R.    F.    Brown,    Ryan;    Cash    contributed..  42  7  18-07  1.00 

T.    G.    Benge,    Tishomingo;    Cash    contrib-  71007  1   00 

Butler    Boyd,     Tishomingo;     Cash    contrib-  .t,oo-t  i    r.n 

iited      44  718-07  1 .  OU 

B.  R.    Brundage,    Tishomingo;    Cash    con-  „  „  ■,    nn 
tributed      45  -18-07  1.00 

C.  B.     Burrows,    Tishomingo;    Cash    con-  „      ,  „„  ,    nr. 
tributed 46  7  18-07  1.00 

H.    C.    Bnimet,    Chandler;     Cash    contrib-  _  „    .. 

iited 47  7-18-07  --50 

.T     D.    Burke,    Guthrie;    Cash    contributed  48  7  18-07  I  -00 

W.    R.    Bumpass,    Duncan;    Cash    contrib-  ^    „„ 

uted        ...     . 49  7  18-07  i^-OO 

R.  H.   Cook.   Mill  Creek;   Cash  contributed  50  7-18-07  1    00 

W.    Y.    Chitwood,    Mill    Creek;    Cash    con-  ,    ,,,, 

tributed      51  7-18-07  • 

■r.   K.   Cobb,    Mill    Creek;   Cash   contributed  52  7-18-07  1  • 

B.  F.  Crane,   Mill  Creek:   Cash  contributed  53  7-18-07  i  ■  o 

.fesse    Cornell,    Spiro ;     Cash    contributed.  .  54  7-18-07  |  • 

.J     T     Cole,    Beggs;    Cash   contributed.  ...  55  7-18-07  1  •'  " 

W.     H.    Cole,    Beggs;    Cash    contributed.  .  56  7-18-07  10 

L..M.     Cole,     Beggs;    Cash    contributed..       57  7-18-07  1-00 

A     H.    Culp.     Beggs;     Cash    contributed.  .  58  718-07  1-0 

K.   H.    Crawford,    Beggs;    Cash   contributed      59  7-18-07  i  •'    ' 

J.    C.    Calhoun,    Ryan;    Cash    contributed.  .  60  7-18-07  i  -oo 

W.     T.     Carter,     Rvan;     Cash     contributed      61  7-18-07  1.0*' 

Oscar    Cob,    Ryan ;    Cash    contributed 62  7-18-07  1  ■ 

T.   B.    Co.\-,    Tishomingo;    Cash    contributed      63  7-18-07  1  •  ou 

K.    G.    Comfort,    Westville;    Cash    contrib-  ,    ,„, 

uted      f>4  7-18-07  • 

P.    M.    Curtis,    Guthrie:    Cash    contributed      65  7-18-07  1  • " ' ' 

J.    F.    Collar,    Chandler;    Cash    contributed      0<;  7-18-07  '--"n 

S.   A.    Cordell.    Chandler:    Cash  contributed      67  7-18-07  S .  00 

.T     C     Collins.    Pond    Creek;    Cash   contrib- 
uted  68  7-18-07  100 

P    O.   Cassidv,   Shawnee;   Cash   conti-ibuted      69  7-18-07  •''..00 

•T     E.    Duncan.    Eschiti ;    Cash    contributed      70  7-18-07  1  ■  00 

E.     D.     Davis,     Perry;     Cash    contributed     71  7-18-07  ^'Oit 

O.    D.    Doxie,    Edinond;    Cash    contributed      72  7-18-07  5.00 

.Toe   W.    Draughan,    Mill    Creek;    Cash   con- 
tributed             73  7-18-07  1.00 

R.    A.    Duncan,   Mill   Creek;    Cash   contrib-  ,    „,^ 

uted      74  7-18  07       : 1.00 

li.    TI.    Durham,    Rl   Dorado;    Cash   contrib- 

uted      75  718-07  20. 

G.    IT.    Dunklin.    Spiro:    Cash    contributed      76  7  18  07  loO 

C.     E.    Dnvis,     Ryan;     Cash    contributed,.       77  7  18  07  1  ■  00 

0      De    Roberts,     Ponca    City;     Cash    con- 
tributed             78  7-18-07  10.00 

\     E.    Davenport.    Tishomingo;    Cash    con 

tributed      79  71807  100 

Geo.    W.    Dudlcv,    Tishomingo;    Cash    con- 
tributed    ...  ." 80  7-18-07  1-00 


478  JOURNAL  OF  CONSTITUTIONAL 

Table  "B" — CVmtimied. 


Name,   Address  and   Nature  of  Claims. 


.00 

10 

.00 

.00 

,00 

.00 

.50 

.00 

.00 

2 

.00 

10. 

.00 

\V.  F.  DeCordova,  Tishomingo ;  Cash  con- 
tributed            81  7-18-07      

Jesse    J.    Dunn,    Alva;    Cash    contributed     82  7-18-07      

C-  D.   Spencer,  Chandler:   Cash  contributed      83  7-18-07      

W.  C.  Eubanks,  Mill  Creek;  Cash  con- 
tributed             84  7-18-07      

Albert     Ewart,     Beggs;     Cash     contributed      85  7-18-07      , 

Kobert    Epperson,    Kyan :    Cash   contributed      86  7-18-07      

Geo.  H.  Evans,  Chickasha;  Cash  contrib- 
uted             87  7-18-07      

-M.    C.    Fisher,    Ryan;     Cash    contributed..       88  7-18-07      

C.  O.  Finch  and  Co.,  Chandler;  Cash  con- 
tributed            89  7-18-07      

J.    M.    Fitzhugh,   Velma:    Cash   contributed      90  7-18-07      

Dr.  C.  B.  Gully,  Chandler;  Cash  contrib- 
uted           91  7-18-07      5.00 

G.  W.  Grayson,  Eufaula;  Cash  contrib- 
uted            92  7-18-07      5 .  00 

Hugh  Graham,  Anadarko;  Cash  contrib- 
uted             93  7-18-07      1.00 

Q.  D.  Gibbs,  Mill  Creek;  Cash  con- 
tributed           94  7-18-07      1 .  00 

H.    George,    Beggs;    Cash    contributed.  ...       95  7-18-07      2.00 

H.    Garwood,    Beggs;     Cash    contributed.  .       96  7-18-07      1 .0  ■ 

C.     W.     George,     Ryan;     Cash    contributed      97  7-18-07      1.00 

O.    B.     Garrison,    Ryan ;    Cash    contributed      98  7-18-07      1 .00 

VV.    F.    Guest,    Ryan;    Cash    contributed.  .      99  7-18-07      1 .00 

H.    C.    Goodloe,     Ryan;     Cash    contributed   100  7-18-07      1.00 

Horace    Greer,     Woodford ;     Cash     contrfb- 

uted     101  7-18-07      1.00 

Kerr  Gilstrap,  Tishomingo;  Cash  contrib- 
uted          102  7-18-07      1 .  00 

M.  L.  Garrett,  Tishomingo;  Cash  contrib- 
uted          103  7-18-07      1.00 

Ed    Green.    TishomingoT    Cash    contributed   104  7-18-07      1.00 

R.  R.  Hendon,  Tecumseh :  Cash  contrib- 
uted          105  7-18-07      2 .  00 

J.    J.    Herein,    Edmond ;    Cash    contributed   106  7-18-07      5.00 

J.   X.   Howard,   Edmond:    Cash   contributed    107  7-18-07      5.00 

Hugh  Hardy,  Mill  Creek;  Cash  contrib- 
uted          108  7-18-07      1.00 

W.  B.  House,  Mill  Creek;  Cash  contrib- 
uted          100  7-18-07      1.00 

.r.    H.    Hinton,    Spiro:    Cash    contributed.  .  110  7-1x8-07      1.00 

E.    L.    Hickman,    Spiro:    Cash    contributed   111  7-1.8-07      1.00 

0.     Henin,     Beggs:        Cash     contributed..    112  7-18-07      1.00 

.J.    C.    Harris.    Beggs:    Cash    contributed..    113  7-l>8-07      1.00 

A\    Hummel.     Beggs:     Ca.sh     contributed.  .    114  7-18-07      1 .  00 

J.    Ij.    Henderon,    Ryan;    Cash    contributed   115  7-18-07      .50 

J.   F.   Hightower,   Ryan;    Cash   contributed   116  7-18-07      1.00 

Thomas  Harris,  McAlester;  Cash  contrib- 
uted          117  7-18-07      1.00 

Ed    Hocker.    McAlester;    Cash    contributed  118  7-18-07      1.00 

Hntchins  Bros.,  Tishomingo;  Cash  con- 
tributed          119  7-18-07      1  .00 

W.  W.  Hedges,  Tishomingo;  Cash  con- 
tributed          120  7-18-07      1.00 

Ch.am    .Tones,    Ryan:     Cash    contributed..    121  7-18-07      1.00 

B.    F.    .Tones.     Rvan :     Cash    contributed..    122  7-18-07      .50 

T.     F.     Jackson,  'Ryan;     Cash    contributed    123  7-18-07      1 .  00 

B.  G.  Jones,  Tishomingo;  Cash  contrib- 
uted     124  7-18-07      2.50 

TT.  AT.  Johnston,  Chandler;  Cash  contrib- 
uted          125  718-07      5.00 

J.  H.  Johnston,  Chandler;  Cash  contrib- 
uted          126  7-18-07      3 .  00 


CONVENTION   OF   OKLAHOMA.  479 

Table  "B" — Continued. 


Name.    Address   and   Nature  of  Claims. 


2S 


10, 

.00 

1. 

,00 

,00 

1 

.00 

1 

.00 

1 

.00 

1 

.00 

1 

.00 

1 

.00 

10 

.00 

5 

.00 

1 

.00 

1 

.00 

W.-  H.  Kirkpatrick,  Kamona;  Cash  con- 
tributed          12'  718-07  

R.    L.    Kidd,    Spiro;    Cash    contributed.  ...    128  7-18-07  

James  B.  Kelley,  Beggs ;   Cash  contributed   129  7-18-07  

James  R.   Kepley,  Beggs;    Cash  contributed   130  7-18-07  

C.     C.     Kenfile,     Beggs;     Cash     contributed   131  7-18-07  

H.  A.  Kissingler,   Beggs;    Cash  contributed   132  7-18-07  

G.   J.   Keith,    Ryan;    Cash   contributed 133  7-18-07  

VV.     M.     Keller,     Ryan;     Cash    contributed   134  7-18-07  

B.     Kerr,     Chandler;     Cash     contributed..    135  7-18-07  

T.    J.     Lowe,     Guthrie;     Cash     contributed   13C  7-18-07  

L.    P.    Laverty,    Guthrie;    Cash   contributed   137  7-18-07  

T.  W.  Lytton,  Mill  Creek;  Cash  contrib- 
uted          138  7-1807  

Charies    Lowrie,    Spiro;    Cash    contributed  139  7-18-07  

J.  M.  Latham,  McAlester ;  Cash  contrib- 
uted          140  7-18-07  

VVm.    A.    Lee,    Elmer;    Cash    contributed..    141  7-18-07  

K.  R.  Lucas,  Tishomingo;  Cash  contrib- 
uted          142  7-18-07  

J.    E.    McCance,    Mutual;    Cash   contributed   143  7-18-07  

George    Meekes,    Bragg;    Cash    contributed   144  7-18-07  

Ed     Moore,      Spiro;      Cash     contributed..    145  7-18-07  

Dave    Morris,     Spiro;     Cash    contributed.  .    146  7-18-07  

Ben    Morrison,    Beggs;     Cash    contributed   147  7-18-07  

J.    P.    McClure,    Gradv;    Cash    contributed   148  7-18-07  

W.     D.     Maples,    Ryan;     Cash    contributed   149  7-18-07  

J.   D.  McReynolds,  Ryan;   Cash  contributed   150  7-18-07  

A.  L.    Morris,    Ryan;    Cash   contributed..    151  7-18-07  

B.  T.  Monk,  Tishomingo;  Cash  contrib- 
uted          152  7-18-07  

H.  L.  Muldrow,  Tishomingo;  Cash  con- 
tributed     153  71807  

John   Maynard,    Milburn;    Cash  contributed   154  7-18-07  

New  State  Leader,  Ryan;  Cash  contrib- 
uted          155  7-18-07  

Fred    Neal,     Chandler;     Cash    contributed  156  7-18-07  

Thos.  C.  Owen,  Muskogee;  Cash  contrib- 
uted         157  7-18-07 

Prof.  P.  C.  Oakes,  Edmond;  Cash  con- 
tributed         158  7-1807  

H.    O.    Wimbey,    Ryan;    Cash    contributed   159  7-18-07  

John  H.  Pichford,  Tahlequah;  Cash  con- 
tributed          160  7-18-07  

O.    K.    Peck,    Beggs;    Cash    contributed..    161  7-18-07  

T.   A.    Pendleton,    Beggs:    Cash   contributed   162  7-18-07  

\V.    M.    Pascoe,    Beggs;    Cash    contributed  163  7-18-07  

T.    P.    Pool.    Ryan:    Cash   contributed....    164  7-18-07  

C.  S.    Peniston,    Ryan;    Cash    contributed  165  7-18-07  

W.  W.  Poyner,  Tishomingo;  Cash  contrib- 
uted          166  7-1807  1.00 

Harry  L.  Person,  Tishomingo;  Cash  con- 
tributed          167  7-1807  1.00 

P.  J.  Pruett,  Tishomingo;  Cash  contrib- 
uted          168  7-1 8-07  1 .  00 

Cliff    Perry,    Wilburton:    Cash    contributed   169  7-18-07  1 .  00 

B.    F.    Person,    Chandler;    Cash   contributed   170  7-1S-07 1.00 

Clarence  Robison,  Tecumseh;  Cash  con- 
tributed          171  7-18-07  2.50 

W.    IT.    Riner,    Chandler:    Cash   contributed   172  7-1807  2.00 

J.  S.  Ratliff,  Mill  Creek;  Cash  contrib- 
uted          173  7-18-07  1.00 

T.     G.     Russell,     Spiro:     Cash    contributed   174  7-18-07  1.00 

John     Redwine,     Spiro;     Cash     contributed    175  7-1, "^-O?  1 .  00 

Lee    Redwine,    Spiro:     Cash    contributed..    176  7-18  07  1.00 

W.    L.    Ross,     Edmond ;    Cash    contributed    177  7-1807  2 .  00 


1, 

,00 

5. 

,00 

2. 

,00 

1 

,00 

1 

,00 

1 

.00 

10 

.00 

.25 

1 

.00 

1 

.00 

1 

.00 

1 

.00 

2 

.50 

1 

.00 

1 

.00 

10 

.00 

5 

.00 

.50 

1 

.00 

1 

.00 

1 

.00 

1 

.00 

1 

.00 

1 

.00 

4S0 


JOURNAL  OP  CONSTITUTIONAL 


Table  "B" — Continued. 


Name,   Address  and   Nature  of   Claims. 


o;z; 


W.   E.   Robinson,    Beggs;    Cash  contributed   178 
J.    E.    Robinson,    Beggs;    Cash    contributed   179 
T.    E.    Richardson,    Beggs;     Cash    contrib- 
uted         180 

Dr.  M.  Rj'an,  Beggs;  Cash  contributed  181 
R.  E.  Roberts,  Ryan;  Cash  contributed  182 
W.  L.  Richards,  Ryan;  Cash  contributed  183 
P.  B.  Ralls,  Ryan;  Cash  contributed..  184 
S.  M.  Ryan,  Ryan;  Cash  contributed..  185 
T.  S.  Roberts,  Woodford;  Cash  contrib- 
uted         186 

J.    M.    Ruff,    McAlester;    Cash    contributed   187 
Mr.    Rutherford,    Tishomingo ;    Cash    con- 
tributed          188 

J.    C.    Roan,    Tishomingo ;     Cash    contrib- 
uted         189 

J.    B.   A.    Robertson,   Chandler;    Cash   con- 
tributed         190 

(leo.   B.    Rittenhouse,    Chandler;    Cash   con- 
tributed          191 

T.     H.     Raban,     Bokoshe;     Cash     contrib- 
uted         192 

Dr.    J.    H.    Scott,    Shawnee;    Cash    contrib- 
uted         193 

W.    T.    Slover,    Mill    Creek;    Cash   contrib- 
uted         194 

Isaac    Sparks,    Mill    Creek;    Cash    contrib- 
uted         195 

M.    M.    Smathers,    Mill    Creek;    Cash    con- 
tributed          196 

Z.  T.  Smith,  Spiro;  Cash  contributed..  197 
J.  A.  Smith,  Spiro;  Cash  contributed....  198 
G.  W.  Stiles,  Beggs;  Cash  contributed..  199 
Q.  A.  Stiles,  Beggs;  Cash  contributed.  .  .  .  200 
H.  H.  Spring,  Ryan;  Cash  contributed..  201 
L.  O.  Smith,  Ryan;  Cash  contributed..  202 
J.  F.  Shoults,  Ryan;  Cash  contributed..  203 
M.  S.  Sharp,  Ryan;  Cash  contributed....  204 
J.  W.  Sampson,  Ryan;  Cash  contributed  205 
A.  W.  Speaks,  Woodford;  Cash  contributed  206 
C.  Springer,  McAlester;  Cash  contributed  •/07 
R.  H.  Simpson,  Tishomingo ;  Cash  con- 
tributed          208 

N.    H.    Simmons,    Tishomingo ;    Cash    con- 
tributed          209 

G.    A.    Smith,    Chandler;    Cash    contributed   210 
E.    Stennett,     Chandler;     Cash    contributed   211 
Wm.    E.   T.   Schneider,   Hobart;    Cash  con- 
tributed         212 

G.  Stringer,  Reeding;  Cash  contributed  213 
J.  M.  Stringei-,  Reeding;  Cash  contributed  214 
T.  J.  Stringer,  Reeding;  Cash  contributed  215 
A.  S.  Thompson.  Perry;  Cash  contributed  216 
J.  B.  Taggart,  Spiro;  Cash  contributed.  .  217 
J.  E.  Trice  &  Co.,  Ryan;  Cash  contributed  218 
R.  B.  Thompson,  Woodford;  Cash  contrib- 
uted            219 

Bow    Taylor,   Woodford ;    Cash   contributed   220 
J.   M.   Turner,    Tishomingo;    Cash   contrib- 
uted          221 

Wm.   Tilgham,  Chandler;    Cash   contributed   222 
T.     M.     Upshaw,     Oklahoma     City;     Cash 

contributed 223 

M.    P.    Veal,    Woodford;    Ca.sh   contributed  224 
J.     K.     Vandeveer,     Chandler;     Cash     con- 
tributed          225 


7 

18 

07 

7 

IS 

07 

7 

18 

07 

7 

18 

07 

7 

IS 

07 

7 

1H 

07 

7 

18 

07 

7 

18 

07 

Y 

18 

07 

7 

18 

07 

7 

18 

07 

7 

18 

07 

7 

18 

07 

7 

18 

07 

7 

18 

07 

7 

18 

07 

7 

18 

07 

7 

18 

07 

7 

18 

-07 

7 

18 

-07 

7 

18 

-07 

7 

18 

-07 

7 

IS 

07 

7 

18 

-07 

7 

18 

07 

7 

18 

07 

7 

18 

-07 

7 

18 

07 

IS 

07 

7 

18 

07 

7 

18 

07 

7 

18 

07 

7 

18 

07 

7 

18 

07 

7 

18 

07 

7 

18 

07 

7 

18 

07 

7 

IS 

07 

7 

IS 

07 

7 

IS 

07 

7 

18 

07 

y 

18 

07 

7 

18 

07 

Y 

18 

07 

7 

18 

07 

7 

18 

07 

7 

18 

07 

7-18 

-07 

2.00 
1.00 

1.00 
1.00 
.50 
1.00 
1.00 
1.00 

1.00 
1.00 

1.00 

1.00 

2.50 

5.00 


1.00 
2.00 
1.00 

1.00 
1.00 
2.00 
2.00 
5.00 
1.00 
1.00 

1.00 
5.00 

1.00 
5.00 

1.00 
1.00 


CONVENTION    OF   OKLAHOMA. 


481 


Table   "B" — ^Continued. 


Name,    Address   and    Nature    of    Claims.        ^ 


53 


C.    Wall.    Beggs;    Cash    contributed 226 

L.    D.    Wright,    Ryan ;    Cash    contributed .  .  227 
W.     B.     Ray,     Ryan;     Cash     contributed..  228 
Carl    Wilkerson,    Ryan;     Cash    contributed  229 
W.    A.    Walker,    McAlester;    Cash    contrib- 
uted        230 

W.    C.    Wells,    Tishomingo ;    Cash    contrib- 
uted        231 

Nick   Wolf,    Tishomingo;    Cash    contributed  232 
A.    L.    Younger,    Perry;    Cash    contributed  233 
J.    R.    Young,    Ryan;    Cash    contributed..  234 
John    T.    Young,    Tishomingo;    Cash    con- 
tributed        235 

J.  A.  Zachry,  Ryan;  Cash  contributed .  .236 
A.  R.  Biggs.  Duncan;  Cash  contributed..  237 
R.  W.  Blevins,  Duncan;  Cash  contributed  23S 
J.  B.  Ballard,  Duncan;  Cash  contributed  239 
W.  J.  Buckhalts,  Duncan;  Cash  contrib- 
uted        240 

J.    D.    Burton,    Chickasha;    Cash    contrib- 
uted       241 

H.  A.  Conger,  Duncan;  Cash  contributed  242 
W.  M.  Oates,  Duncan;  Cash  contributed  243 
P.  B.  Oates,  Duncan;  Cash  contributed  244 
R.  L.  Cornelius,  Duncan;  Cash  contributed  245 
C.  W.  Cunningham,  Duncan;  Cash  con- 
tributed        246 

J.    T.    Doak,    Chandler;     Cash    contributed  247 
S.     T.     Davenport     Chandler;     Cash     con- 
tributed        248 

K.    C.    Dewey,    Duncan;    Cash    contributed  249 

W.   T.   Hqggard.   Eimer;   Cash  contributed  250 

J.   D.   Blocker,    Guthrie;    Cash   contributed  500 


7-1S-07 
7-18-07 
7-18-07 
7-18-07 

718-07 

71  8-07 
71H-07 
718-07 
7-1807 

718-07 
7-18-07 
7-18-07 
7-18-07 
7-18-07 

7-18-07 

7-18-07 
7-18-07 
7-18-07 
7-18-07 
7-18-07 

7-18-07 
7-18-07 

7-18-07 
7-1807 
7-18-07 
7-18-07 


Total     $1,851.80 


.50 

.50 

1.00 

.50 

1.00 

1.00 
1.00 
5.00 
1  .00 

.50 
1.00 
5.00 
2.50 

.50 

1.00 

1.00 
5.00 
2.50 
2.50 
1.00 

1  .00 
5.00 

.50 
1.00 
1.00 
1.00 


NO  CERTIFICATES   HAVE  BEEN  ISSUED   ON  THE  FOLLOWING 

J.   W.   Baker,   Keystone ;    Cash 

John  Walker,   Skedee:    Cash 

H.    C.    Burwick,    Cleveland ;     Cash 

L.     E.     Watkins,    Marameck ;     Cash 

C.  M.     Foil,     Jennings ;     Cash 

A.  E.     Miller,     Blackburn ;     Cash 

R.   Bniliaker,  Blackburn :   Cash 

R.    E.     McNeil,    Jennings ;     Cash 

Tom    Lane,     Pawnee ;     Cash 

B.  M.    Brown,    Pawnee ;    Cash 

G.    N.   Jeffries,   Pawnee ;    Cash 

G.  M.  Berry,  Pawnee ;   Cash 

D.  W.    Crum,    Ralston ;    Cash 

J.    A.    Walkup,    Terlton  ;  ^  Cash 

Wm.     Barnes,     Pawnee;     Cash 

Miscellaneous     : 


Total      Contributi 


12,047.00 


482  JOURNAL  OF  CONSTITUTIONAL 


TABLE    "C" 
Table  of  Delegates'   Mileage   and  Per  Diem. 


Name,    Address    and    Nature    of    Claims.       2  s 

I 


T.    O.    James,    Guymon;    Mileage    and    per 

diem     1779  405.60 

Fred    C.    Tracy,    Beaver;    Mileage    and    per 

diem 1/80  .378.40 

Edward    li.    Williams,    Stockholm;    Milpage 

and   per   diem    1781  312 .  80 

Homer   P.    Covey,   Fargo ;    Mileage  and   per 

diem     VI SZ  242.00 

E.    O.   McCance,  Mutual;    Mileage  and  per 

diem     v 1783  244 .  40 

George    N.    Bilby,    Alva;    Mileage   and   per 

diem      1784  232.20 

John  C.  Majors,  Granton;   Mileage  and  per 

diem     178.5  288.40 

George  W.    Wood,    Cherokee;    Mileage  and 

per     diem      178b  274.40 

]).    G.    Harned,    Ringwood;     Mileage    and 

per    diem 1V87  266.00 

William    F.     Hendricks,     Wakita;     Mileage 

and     per     diem 1788  282.40 

Charles    H.    Pittman,    Enid;     Mileage    and 

per    diem     1789  302.  uiJ 

J.    A.   Alderson,    Pond   Creek;    Mileage   and 

per    diem     1790 265.00 

Charles     L.     Moore,     Enid;     Mileage     and 

per    diem     1791  334.00 

Albert     H.     Ellis,     Orlando;     Mileage     and 

per    diem     179^  250.00 

D.  S.    Rose,    Blackwell;    Mileage   and    per 

diem      1793  267.60 

Joseph    F.    King,     Newkirk;     Mileage    and 

per    diem     1794  310.80 

Henrv    S.    Johnston,    Perry;    Mileage    and 

per    diem 1795  292.00 

E.  G.     Newell,     Yale;     Mileage     and    per 

diem     1790 261.00 

George    M.    Berry,    Pawnee;    Mileage    and 

per    diem     1797  265.20 

J.    E.    Sater.    Stillwater;    Mileage    and    per 

diem 179b  256.00 

E.     T.    Heuston,    Agra;     Mileage    and    per 

diem      1799  ..: 217.20 

Jcel     M.     Sandlin,     Prague;     Mileage     and 

per    diem     1800  279 .  00 

Henry    li.    Cloud,    Wellsron ;    Mileage    and 

per    diem     IhUl  246.80 

W.    L.   Helton,   Marshall;   Mileage  and  per 

diem      18u2  247.20 

Henry    E.    Asp,    Guthrie;    Mileage   and    per 

diem     1803  264.00 

William  U.  Jenkins,   Guthrie;   Mileage  and 

per    dj-m     1804 236.00 

W.    T.    S.    Hunt,    Oklahoma   City;    Mileage 

and    per    diem     1805  216 .  60 

W.    C.    Hughes,    Oklahoma    City ;    Mileage 

and    per    diem     1806  24f> .  -iO 

J(-hn    L.    Mitch,    Oklahoma    City ;    Mileage 

and    per    diem     1807  24S.40 

Silas    Marion    Ramsey,    Tecumseh ;    Mileage 

nnrt    per    diem ISOp.  268.80 

J.'un'^s    H.    Miixey,    Shawnee:    Mileage    and 

per     diem      180M  222.00 


CONVENTION    OF   OKLAHOMA. 


483 


Table    "C" — (■oiitiiiued. 


Name,  Address  and  Nature  of  Claims.         t,  ^ 

Isaac     Benjamin       Littlejohn,       Earlsboro; 

Mileage        an\l    per    diem 1910 

T.   Charles  Wj'att,   Wannette ;    Mileage  and 

per  diem    1811 

J.     S.     Buchanan,     Norman ;     Mileage     and 

per    diem     1812 

Ji.cob    K.    Norton,    Piedmont ;    Mileage    and 

per    diem     1»13 

John    J.    Carney,     El     Reno ;     Mileage    and 

per    diem     1814 

Matthew  J.  Kane,   Kingfisher;    Mileage  and 

per    diem     1815 

Thad     D.     Rice,     Hitchcock ;     Mileage    and 

per    diem     I»i8 

Charles    C.    Fisher,    Hinton;     Mileage    and 

per    diem     1817 

Henry     Kelly,     Minco ;      Mileage     and    per 

diem lol8 

C.    H.    Bowers,    Cement;    Mileage   and   per 

diem     1819 

Hyman     O.     Tenor,     Taloga;     Mileage    and 

per    diem     182o 

David  Hogg,  Grand;  Mileage  and  per  diem  1821 
VV.   S.   Bearing,    Thomas;    Mileage   and  per 

diem     1822 

.Tno.   B.   Harrison,    Sayre ;    Mileage   and  per 

diem     ,  .    l»2a 

F.  E.   Herring,  Elk  City;   Mileage  and  per 
diem     1824 

B.    E.    Bryant,    Gotebo ;    Mileage    and    per 

diem      1825 

J.   J.    Savage,    McKnight;    Mileage  and  per 

diem 182o 

Luke    Roberts,    Olusti^e ;    Mileage    and    per 

diem     1827 

W.    J.    Caudill,    Hobart:    Mileage    and    per 

diem 1828 

\V.    E.     Banks,     Hess;     Mileage    and    per 

diem      1829 

James   B.   Tosh,   Hobart;   Mileage   and   per 

diem     1830 

Wm.     H.     Edley,     Fletcher;     Mileage    and 

per    diem     183  j 

John    M.    Carr,     Frederick ;     Mileage    and 

per    diem     iH'ss 

G.  M.     Tucker,    Comanche;     Mileage    and 

per    diem     183o 

T.   J.    Leahy,    Pawhuska ;    Mileage    and   per 

diem      1834 

J.    J.    Quarles,    Fairfax;    Mileage    and    per 

diem     1835 

Joseph   J.    Curl,    Bartlesville ;    Mileage   and 

per    diem     1836 

Walter    D.     Humphrey,    Nowata;     Mileage 

and    per    diem     1837 

W.    H.    Kornegay,    Nowata;    Mileage    and 

per    diem     1835 

Dan    P     Wills,    Miami ;    Mileage    and    per 

diem     183-j 

J.    W.    Swartz,    Chelsea;    Mileage   and   per 

diem     1840 

Riley    Copeland,    Grove;    Mileage   and   per 

diem     1841 

J.     K.     Hill,     Catoosa;     Mileage     and    per 

diem     1842 


03  m 

as 


26'.  .20 
288.80 
255.60 
247.60 
372.80 
277.60 
2.81.60 
272.00 
258.80 
271. -.rfO 
296.80 

287.20 
344.80 
297.20 
290.00 
316. uO 
309.  b;> 
294. oa 
312.80 
292.40 
230.00 
305.60 
234. 4U 
232.60 
274.40 
290.40 
180. uO 
304.40 
247.60 
296. »0 
312.00 
284.80 


JOURNAL  OF  CONSTITUTIONAL 


Table   "C" — (ontinued. 


Name,  Address  and  Nature  of  Claims.        t.  «• 

UZ 

Clement    V.    Rogers,     Claremore;    Mileage 

and    per    diem     1843 

J.   Howard  Langley,   Pryor  Creek;   Mileage 

and    per    diem     1844 

J.     Turner     Edraondson,     Maysville,     Ark; 

Mileage     and    per     diem 184  5 

J.   H.   N.   Cobb,   Sapulpa;   Mileage  and  per 

diem     1846 

Flowers    Nelson,    Tulsa;    Mileage    and    per 

diem     1847 

William     T.     Dalton,       Broken       Arrow ; 

Mileage    and    per    diem 1848 

A.    L.    Hausam,    Coweta;    Mileage   and  per 

diem     1849 

J.    A.    Harris,    Wagoner;    Mileage   and   per 

diem      1850 

Albert    S.    Wyly,    Tahlequah;    Mileage   and 

per    diem    1851 

Charles  W.  Board,   Okfuskee;    Mileage  and 

per  diem   .  .  . 1852 

W.     A.     Cain,     Oktaha ;     Mileage     and    per 

diem     1853 

Philip  B.  Hopkins,   Muskogee;   Mileage  and 

per    diem     1854 

Charles     N.     Haskell,     Muskogee ;     Mileage 

and    per   diem 1855 

O.    P.    Brewer,    Webbers    Falls;     Mileage 

and    per   diem     . 1856 

W.    N.    Littlejohn,    Sallisaw ;    Mileage    and 

per    diem     1857 

William     B.     Hudson,  Henryetta;    Mileage 

and    per    diem     1858 

H.    G.    Turner,    Brush    Hill;     Mileage    and 

per    diem     1859 

J.    A.    Baker,    Wewoka :    Mileage    and    per 

diem      1860 

E.     P.     Messenger,     Holdenville;     Mileage 

and   per  diem    1861 

Wm.    C.    Liedtke,    Eufaula;    Mileage    and 

per    diem     1862 

C.     O.    Frye,    Sallisaw ;     Mileage    and    per 

diem     1863 

Samuel     W.     Hayes,     Chickasha ;     Mileage 

and    per    diem     18»4 

Charles   M.    McClain,   Purcell;    Mileage  and 

per   diem    1865 

Carlton     Weaver,     Ada;     Mileage    and    per 

diem     1866 

Ben     F.     Harrison,     Calvin ;     Mileage     and 

per    diem     1867 

James    I.    Wood,    Soipio;    Mileage    and   per 

diem     1868 

Pete     Hanraty,     McAlester ;     Mileage     and 

per    diem    1869 

Neal    B.    Gardner,     Stigler;     Mileage    and 

per    diem     1870 

Edwin    T.    Sorrells,    Milton;    Mileage    and 

per    diem    1871 

Koyal   J.    Allen,    Duncan ;   Mileage   and   per 

diem     1872 

Miles   Lasater,   Pauls  Valley;   Mileage   and 

per    diem     1873 

Frank     J.     Stowe,     Wynnewood;     Mileage 

and   per  diem    1874 

C.    S.    Leeper,    Sulphur;    Mileage   and   per 

diem  1875 


:i89.20 
311.20 
263.20 
293.20 
279.20 
232.40 
289. 2C 
304.00 
247.80 
286.00 
180.00 
262.40 
298.00 
248.40 
326.80 
282.00 
304. 8u 
275.60 
278.80 
307.60 
180.00 
360.00 
262.00 
282.40 
286.40 
289.60 
296.40 
259.  t?0 
310.00 
301. GO 
348.00 
180.00 
281.60 


OO'NVENTION   OF  OKLAHOMA. 


485 


Table   "C" — (  Oiitiiiued. 


Name.   Address  and  Nature  of  Claims. 


OZ 


Boone     Williams,     Lehigh;      Mileage     and 

per  diem    1876 

Albert    Ct.    Cochran,    Hartshorne;    Mileage 

and  per  diem    1877 

Jiinies     S.     Latimer,     Wilburton;      Mileage 

and    per    diem     1878 

('     C.    Mathis,    Monroe;    Mileage    and    per 

diem     1879 

(ham  Jones,   Ryan;   Mileage  and  per  diem  1880 
J.    r,.    Akers.    Woodford;    Mileage    and   per 

diem      1881 

Walter     A.     Ijedhetter,    Ardmore ;     Mileage 

and    per    diem     1882 

Wni.     H.     Murray,     Tishomingo;      Mileage 

and   per  diem    1883 

.lames    H.    Chambers,    Atoka;    Mileage    and 

per    diem     1884 

,T     C.    Graham,    Marietta;    Mileage   and   per 

diem     1885 

Oeo.    A.    Henshaw,     Madill ;    Mileage    and 

per    diem     1886 

K.     L.     Williams,     Durant;     Mileage     and 

per    diem     1887 

J.    B.   Parke'-.   Academy;    Mileage   and   per 

diem     ....     1888 

B.   F.  Lee,   Hugo;   Mileage  and  per  diem   1889 
P    ,T    McClure,   Lukfata;    mileage  and  per 
diem      1890 

Total      


296. 

00 

302. 

40 

310. 

80 

254. 
295. 

00 
60 

296. 

80 

384. 

80 

600. 

.00 

301 

.60 

295 

.60 

358. 

80 

392 

.80 

337 
254 

.60 
.80 

180 

.00 

$31,991 

.00 

486  JOURNAL  OF  CONSTITUTIONAL 


TABLE    "D" 

President  Constitutional  Convention,   \Vm.  H.  Murray. 

The  following  items  constitute  a  detailed  statement  of  casn  paid 
for  clerical  hire,  postage  and  other  expenses,  and  shows  the  disburse- 
ment of  the  funds  collected  under  a  call  to  the  citizens  of  the  State  found 
In  Table  "B,"  as  supplemented  by  contributions  of  my  own  funds.  This 
tabulated  list  does  not  constitute  an  indebtedness  against  the  State, 
except  for  the  amount  over  and  above  the  amount  collected  as  shown  in 
Table  "B:" 

Postage    allowed    by    Constitutional    Convention  from     November     20th,     1906      to 

April     19th,     1907 .'...$  200.00 

Jos.    K.   Johnston,    Tulsa,    (paid  in   full)    clerica     fiire    transcribing    Constitution.  .  270   00 

Miss     Josephine     Schott,     Perry,     Okla.,     stenofapher    160.00 

C.    C.    Clothier.    Guthrie,    transcribing    county  bcundaries    in    Constitution 60.00 

C.    C.    Clothier,    Guthrie,    extra   work   copying ■  eioo 

O.    T.    Smith,    Guthrie,    ofHcial    reporter 258    00 

Sam   A.   Oppliger,   Guthrie,   official  reporter .  274^00 

Jim    Noble.    Guthrie,    janitor 141    50 

Miss    M.     E.     Swank,     Guthrie,     stenographer 29^00 

Carl    Richardson,    Guthrie,    stenographer 12.00 

Miss    Nellie    Swoard.     Guthrie,     stenographer 4 !  00 

Miss    Maude    Derling,    Guthrie,    stenographer 26!  00 

E.    C.    Patton,    Tishomingo,    Journal    and    Minute    Clerk    110.00 

Stationery   and   express   on   typewriter 52  25 

Miss    I.elia    Airrington,    Sapulpa,    stenographer   (in    full    of   account)......!.!!!!  52.00 

Ham   P.    Bee.   Ardmore,   stenographer 50  .  00 

L.    ,S.    Masher.    Guthrie,     (paid    in    full) 5!  00 

Lon    V.    Smith.    Guthrie,    page 5 !  00 

Telegrams,     sergeant-at-arms     account,     May     session,    1907    11 .  75 

Telegrams,    securing   quorum    July   session,    1907      8. 50 

Parchment,    complete    Constitution e!  00 

Rent,    maintaining   office    and    storage    room    durmg    recesses    of    Convention 35.00 

Postage    and    express    in    distributing    Constitu  ions     175. 65 

Express    on    records   from   and   to   Guthrie   and  to    Secretary    at    Lawton 5! 25 

Extra    stenographic    work    answering    correspondence     and"   stationery     during     re- 
cesses   Convention     169  .  25 

George    McCabe,    janitor    work 4 .  50 

Joel    Simmons,     janitor    work 13  .  uu 

Expenses    calling    July     Convention 18!75 

Postoffice    box    rent,    four    months 3.00 

Telephone   rent    12.20 

Telegraphing    members,    July 15.25 

Rent    on   machine    two   months 10 .  00 

Expenses    to    Filson,    incurred    last    session 11 .  75 

Eight    bottles    chemical    ink 2  .  80 

Telegraphing    members    after    afljournment    to   appear    for    signatures 9.25 

Postage,    remaining    part   of  session,    allowed    after  Anril   19th.    1907 110.50 

Expenses  of  trips  made   as   President    of  the   Convention    pending,    injunction    suits 
and   disposition    of   the   Constitution,    four  to   Guthrie,    one   to   Oklahoma   City, 

aggregating      ." .  52  5.00 


Total      $2313.15 

RECAPITULATION    OF    INDEBTEDNESS. 

Table  A — Clerical    hire    and    printing $  45.349.13 

Table   B — Cash    contributed    by    citizens 2,047.00 

Table   C — Delegates'    mileage    and    per    diem 31.991.00 

Table   D — Paid   by  Wm.   H.   Murray,   President     of        Constitutional        Convention 

above    amount    contributed    funds 766.15 


Total  Indebtedness $   80,153.2 

Given   under  my   hand    on   this   the   1st    dav   of   March,    U(08. 

WM.    H.    MURRAY. 
As    President    of    Constitutional    Convention. 


INDEX 


Adams,  Ev-Gov.,   Alva — 

Invited   to   address   Convention 141 

Addressed    Convention    147 

Given  vote  of  thanks  - 147 

Addresses — 

By  Henry  S.  Johnston,  Opening  Convention  --.-      6 

By  J.   F.   King,  Accepting  Temporary  Chairmanship  7 

By  Wm.  H.  Murray,  accepting  Presidency  of  Convention  -—    15 

By  Peter  Hanraty,  accepting  Vice-Presidency  of  Convention  2  6 

To  the  People,  Pres.  Murray  447 

Agriculture,    Committee   on 47 

Reports    184-243 

Akers,  L.  J.,  Dist.  102. 

Attended  '■ - 14 

Qualified 14 

Committees  served  -on — • 

Education  - -- - 47 

Public  Institutions  and  State  Buildings  - 47 

Manufactures  and  Commerce    53 

Propositions  introduced  by — ■ 

No.  59,  Relating  to  Sale  of  School  Lands  - 68 

No.  335,  Relating  to  County  Seats    108 

Resolutions  submitted  by — 

Relating  to  Excusing  Members  '. - -- 148 

Amending    Schedule    32  8 

Substitute  for  Section  of  Schedule  328 

Excused  to  Attend  A.  and  M.  College  143 

Subscribed   Constitution 340 

Alderson,  J.  A.,  Dist.  13. 

Attended 13 

Qualified    - 14 

Committees  served  on — 

Education 47 

Legislative    Department    46 

Municipal    Corporations    47 

Revenue  and  Taxation  47 

Enrollment  and  Engrossment,  Chairman 48 

Reports  


2  INDEX. 

Alderson,  J.  A. — continued: 

Revision,  Compilation,  Style  and  Arrangement  244 

Address  to  the  Public  322 

Pen  Presented  to  319 

Petitions  presented  by — 

Relating  to  Liquor  Traffic,  152 

Relating  to  Protection  of  Children  153 

Relating  to  Woman  Suffrage  186-189 

Propositions  Introduced  by — 

No.  239,  Relating  to  the  Schedule  — 93 

Allen,  Royal  J.,  Dist.  9  3. 

Attended    ..— 14 

Qualified 14 

Pen  Presented  to 283 

Committees  served  on — 

Invitation  to  Mr.  Colquitt 41 

Education ^ 47 

Revenue  and  Taxation 47 

Public  Institutions  and  State  Buildings 47 

Primary  Elections 48 

Legislative  Appointment 52 

Counties  and  County  Boundaries,  Chairman  72 

Reports    122-162-174 

Judicial  Apportionment,  Vice-Member  348 

To   Investigate  Gerrymander  348 

Resolutions  submitted  by — 

Relating  to  Order  of  Business 123 

Relating  to  County  Boundary  Report 174 

Allen,   C.   E. 

Appointed  Stenographer  326 

Arrlngton,  Miss  Leila. 

Appointed  Stenographer  326 

Asp,  Henry  E.,  Dist.   25. 

Attended 13 

Qualified 13 

Granted  Leave  of  Absence 94 

Addi'ess  on  Lincoln  Memorial  Day 221 

Committees  served  on — 

Deficiency  Appropriation,  Chairman  29 

Reports    86-102-115 

Made  Special  Order 94 

Preamble  and   Bill  of  Rights  , 46 

Judicial  Department  46 

Privileges   and    Elections    48 

Judicial    Apportionment    53 


INDEX.  3 

Asp,    Henry   E. — continued: 

Insurance    52 

Mileage  of  Members,  Chairman  41 

Reported,  and  Report  Adopted  51 

Memorial    to    Congress   119 

To  Investigate  Injunction  Suit  229-233 

Legal   Advisory    242 

Election   Ordinance  .• 326 

To  Investigate   Gerrymander  348 

Explained  Vote    135 

Petitions  Presented  by — 

Relating  to  Liquor  Traffic  174 

Propositions  Introduced  by — ■ 

No.  53,  For  Preamble 67 

No.   54,  For  Bill  of   Rights 67 

No.    98,   Relating  to  Revenue  and  Taxation  73 

No.   165,  To  Provide  for  a  Railroad  and  Warehouse  Com- 
mission    - 81 

No.   215,  Relating  to  Trusts  90 

No.  216,  Relating  to  Departments  of  Government  91 

No.  217,  Relating  to  Legislative  Department  91 

No.  314,  Relating  to  Displaying  Flag  109 

Resolutions  Submitted  by — 

Relating  to  Appropriations  ; 27 

Relating  to  Appointment  of  Officers  - 31 

Relating  to  Committee  on  Mileage  41 

Relating  to  Rules  59 

Relating  to  Furnishing  Secretary  of  the  Territory  List   of 

Employees    49 

Relating  to  Journal  of  First  Day 86 

Relating  to  Convention  Printing  124 

Relating  to   Printing   Proposition   199 

A  Substitute  for  Resolution  by  Mr.  Haskell  206 

Presented  Carnations  on  Behalf  of  Mr.  Lillie  192 

Vote  of  Thanks  Given   320 

Baker,  J.  A.,  Dist.  81. 

Attended    13 

Qualified    14 

Pen  Presented  to  : 283 

Explained    Vote    81-13  2 

Committees  Served  on — - 

Allotment  of  Seats  29 

Invitation  to  Mr.   Colquitt  41 

On  Resolution  Adopting  Constitution  of  IT.  S 30 

Report .—   35 


4  INDEX. 

Baker,   J.    A. — continued: 

Portraits  for  Convention  Chamber 52 

Insurance    -. - 47 

Crimes  and  Punistiment 47 

Railroads  and  Public  Service  Corporations  47 

State  and  School  Lands 

Reports    210-243 

Labor  and    Arbitration .- 53 

Revision,  Compilation,  Style  and  Arrangement  53 

Steering 297 

Election  Ordinance   "326 

Chairman,   Committee  of  the  Whole 242-243-293 

Petitions  Presented  by — • 

Relating  to  Religious  Liberty  - 86 

Propositions  Introduced  by — - 

No.  55,  Relating  to  Bill  of  Rights  - - 68 

No.  101,  Relating  to  Qualification  to  Hold  Office  .- 74 

No.  102,  To  Limit  Powers  of  the  Legislature  74 

No.  103,  A  Proposition  for  Preamble  ----- 7  4 

No.  166,  To  Restrict  Political  Powers  8l 

No.  167,  To  Restrict  Rights  of  State  -- 82 

No.  254,  Relating  to  Qualification  of  Electors 9o 

No.  348,  Relating  to  Powers  of  Legislature  -.... 116 

No.  401,  Relating  to  Departments  of  State  Government 160 

Resolutions  Submitted  by — 

Relating  to  Oath  of  Delegates  - 14 

Relating  to  Vote  for  Vice-President 26 

To  Adopt  the  Constitution  of  the  United  States  29 

Relating  to  Report  of  Committee  on  Suffrage  242 

Relating  to  Action  on  Printing  Contract 253 

Of  Thanks  to  Dr.  Duke :: -- 321 

Of  Thanks  to  Officers  and  Employees 322 

Bailey,  Senator  J.  W. 

Invited  to  Visit  and  Address  Convention ---- 40 

Banks,  Banking,   Loan,  Trust  and  Guaranty  Companies — 

Committee    on -. - 52 

Reports    208-219 

Banks,  W.  E.,  Dist.  51. 

Attended    13 

Qualified    —    1* 

Address  on  Lincoln  Memorial  Day  221 

Invocation   by 224 

Committees  Served  on — 

Agriculture    .- 47 

Executive    Department 46 


INDEX.  5 

Banks,    W.    E. — continued: 

County  and  Township  Organization,  Chairman  TjS 

Reports 217 

Counties  and  County  Boundaries  ..  72 

Manutactures   and    Commerce 52 

State    Militia    52 

Petitions  Presented  by — 

Relating  to  Liquor  Traffic  r ...130-189 

Resolutions  Submitted  by — 

Relating  to  Form  of  Constitution 65 

Bagby,  R.  E.   L. 

Nominated  for  Reading  Clerk  34 

Appointed  Chief  Enrolling  and  Engrossing  Clerk , 37 

Barnard,   Miss   Kate. 

Addressed  Convention 86 

Pen   Presented   to -- 267 

Communication    from 305 

Barrett,  Chas.   F. 

Appointed  Committee  Clerk - 52 

Qualified 53 

Assigned  to  Committees 67 

Barrett,  Hon.  Chas.  of  Atwater,  Ga. 

Invited  to  Address  Convention 96 

Barrett,  Hon.  S.  C. 

Communication    from    126 

Beadles,  Walter. 

Appointed  Page  36 

Beckham,  Hon.  J.  C.  W. 

Invited  to  Address  Convention 40 

Bee,  Ham  P. 

Appointed  Official  Reporter  103 

Pen   Presented   to 309 

Refusal  to  Accept  Contributions  for  Services  333 

Given  Vote  of  Thanks 346 

Berry,  C.  L. 

Communication    from,   suggesting   State   Emblem 173 

Berry,  Geo.  M.,  Dist.   18. 

Attended , 13 

Qualified 14 

Committees  Served  on — 

Public  Roads  and  Highways,  etc , 47 

Enrollment  and  Engrossment  48 

Legislative    Apportionment    52 

Labor  and   Arbitration   53 

Judicial    Apportionment    53 


fi  INDEX. 

Berry,  Geo.  M. — continued: 

Petitions  Presented  by — 

Relating  to  Religious  Liberty 86 

Relating  to  Liquor  Traffic  152 

Propositions  Introduced  by — 

No.   168,  Relating  to  School  Lands  82 

No.  338,  Relating  to  Liquor  Traffic  109 

Bilby,  Geo.  N.,  Dist.  6. 

Attended 13 

Qualified -14 

Committees  Served  on — 

Board  of  Health  to  Convention  ...175 

Homesteads  and  Exemptions  52 

Labor  and  Arbitration 53 

Public  Health  and  Sanitation  53 

Insurance 52 

State  and  School  Lands,  Chairman  Pro  Tem 52-181 

Petitions  Presented  by — 

Relating  to  Liquor  Traffic 181 

Propositions  Introduced  by — 

No.  IS,  Relating  to  the  Liquor  Traffic  -.. 59 

No.  60,  To  Provide  for  Juvenile  Courts .* 68 

Bilby,  Paul. 

Appointed  Page  327 

Board,  C.  W.,  Dist.  73. 

Attended 13 

Qualified    14 

Nominated  Mr.  McCrory  for  Reading  Clerk 34 

Committees  Served  on — 

Private    Corporations    47 

Salaries  and  Compensation  of  Public  Officers 48 

Convention  Accounts  and  Expenses 53 

Judicial    Apportionment 53 

Public  Debt  and  Public  Works  53 

Petitions  Presented  by — 

Relating  to  the  Liquor  Traffic 168 

Relating  to  Election , 182 

Propositions  Introduced  by — • 

No.  19,  Relating  to  Separate  Schools  59 

No.  20,  To  Provide  for  a  State  Printery  59 

No.   213,  Relating  to  Corporations  88 

No.  214,  Relating  to  Election  of  all  State  Officers  88 

Resolutions  Submitted  by — 

Memoralizing    Congress    42 


INDEX.  7 

Bowers.  C.  H.,  Dist.  41. 

Attended    13 

Qualified 14 

Seconded  Nomination  of  R.  T.  Williams  34 

Committees  Served  on — 

Banks  and  Banking,  Loan,  Trust  and  Guaranty  Companies  ....  T>2 

Judicial    Apportionment    53 

General    Provisions   53 

Public  Debt  and  Public  Works  53 

Public  Printing   65 

Petitions  Presented  by — 

Relating  to  Religious  Liberty 86 

Propositions  Introduced  by — 

No.  212,  Relating  to  Sale  of  School  Lands  88 

Boyden,  S.  F. 

Appointed  and  Qualified  as  Committee  Clerk  71 

Assigned  to  Committees  65 

Brewer,  O.  P.,  Dist.  7  7. 

Attended    , 13 

Qualified    14 

Pen   Presented   to   288 

Committees  Served  on — 

Suffrage    - 47 

Education,   Chairman   4/ 

Reports  240 

Public  Institutions  and  State  Buildings 47 

Enrolling  and  Engrossing 48 

State    Militia 52 

Petitions  Presented  by — 

Memorial  to  Congress  143 

Asking  for  Memorial  to  Congress 162 

Propositions  Introduced  by — 

No.   322,  Relating  to  the  State  University  143 

Brisendine,  Guy. 

Appointed  Page ., 2  66 

Brooke,  Rt.  Rev.  Francis  K. 

Invocation    by    241 

Brown,  John,  Prin.  Chief,  Seminole  Nation. 

Complimentary  Mention  of,  by  Mr.  Murray  16 

Bryan,  Hon.  Wm.  J. 

Invited  to  Visit  and  Address  Convention  39 

Communication    from    10  4 

Letter  Recommending  Provisions 389 

Bryan,  Stewart. 

Appointed  Page  327 


8  INDEX. 

Bryant,  B.  E..  Dist.   47. 

Attended - 13 

Qualified - 14 

Committees  Served  on — 

Mines  and  Mining,  Oil  and  Gas  52 

Insurance 5  2 

Homesteads  and  Exemptions 52 

Convention  Accounts  and  Expenses  53 

Labor  and  Arbitration  ..- - --    53 

Petitions  Presented  by — 

Relating  to  Liquor  Traffic 177 

Propositions  Introduced  by — 

No.  269,  Relating  to  Rural  Schools  - 98 

No.  270.  Relating  to  Shows  and  Circuses 98 

Buchanan,  J.  S.,  Dist.  34. 

Attended  - -— - 13 

Qualified  - — - 14 

Seconded  Nomination  of  Mr.  Hanraty  26 

Committees  Served  on — • 

Preamble  and  Bill  of  Rights _ 46 

Immigration  - -- — 4  7 

Municipal  Corporations  47 

Privileges  and  Elections 48 

Geological   Survey 52 

State  Militia  - - -    5  2 

Revision,  Compilation,  Style  and  Arrangement -      244 

Petitions  Presented  by — 

Relating  to  Liquor  Traffic 131 

Relating  to  Compulsory  Education  147 

Relating  to  Forestry  148 

Relating  to  Child  Labor 148 

Relating  to  "Woman  Suffrage - 153 

Pensioning   Firemen 153 

Propositions  Introduced  by — 

No.  13,  To  Regulate  Railroads,  etc 58 

No.  21,  Relating  to  Education  59 

No.  105,  Relating  to  State  University  74 

No.  169,  Relating  to  Weights  and  Measures  82 

No.  253,  Relating  to  Preamble  and  Bill  of  Rights  95 

No.  332,  Relating  to  Corporations 107 

No.  436,  Relating  to  Levees  and  Drainage  249 

Burford,  Justice  John  H. 

Administered  Oath  to  Delegates  14 

Dissenting  Opinion  of  44  4 


INDEX.  » 

Burgess,  George  F.,  M.  C, 

Communication    from    ^ 

Burke,  Francis, 

Appointed  Page  ^^ 

Burwell,  Justice. 

Dissents  in  Part  in  Oi)ini()n  ^'^^ 

Byrd,  C.  T. 

Appointed  Comuiitfee  Clerk   52 

Cain,  W.  A.,  Dist.  7  4. 

Attended  — ^ ^^ 

Qualified ^-- It 

Committees  Served  on — 

Deficiency  Appropriation 29 

Geological  Survey — --- 52 

Public  Health   and   Sanitation   53 

To   Raise  Funds   328 

Propositions  Introduced  by — 

No.  61,  Relating  to  Liquor  Traffic 6S 

N®.  307,  Relating  to  Legal  Rate  of  Interest  lOl 

Caldwell,  Clifford. 

Appointed  Committee  Clerk 71 

Assigned  to  Committees — ---- -■-    C7 

Calvin,  Hon.  E.  A. 

Invited  to  Visit  and  Address  the  Csnvention  72 

Carney,  Jno.  J.,  Dist.  36. 

Attended 13 

Qualified 14 

Committees  Served  on — 

Legislative  Department  46 

Agriculture 47 

Private  Corporations  - 47 

Judicial  Apportionment  53 

Schedule   53 

Editing   - 321 

Chairman,  Committee  of  the  Whole  204 

Petitions   Presented  by — 

Relating  to  Pensioning  Firemen   153 

Propositions  Introduced  by — 

No.  170,  Relating  to  Alien  Ownership  of  Land  82 

No.  171,  Relating  to  An  Inheritance  Tax  82 

No.  242,  Relating  to  Eminent  Domain ft" 

No.    243,   Relating  to  Kidnaping  93 

No.  411,  Relating  to  Foreign  Corporations  187 

Resolutions  Submitted  by — 


10  INDEX.  '      . 

Caruey,    J.    J. — continued: 

Relating  to  Gavel  - 51 

Carr,  Jno.  M.,  Dist.  54. 

Attended  - 13 

Qualified 14 

Committees  Served  on — • 

Executive  Department 46 

Railroads  and  Public  Service  Corporations  47 

Homesteads  and  Exemptions  - 52 

Public  Debt  and  Public  Works 53 

Counties  and  County  Boundaries  • ".   7  2 

Petition;-;  Presented  by — 

Relating  to  Liquor  Traffic  ..  130-186 

Proi^ositions  Introduced  by — ■ 

Xo.  106,  Relating  to  Corporations  74 

No.  172,  Relating  to  Homesteads  and  Exemptions 82 

No.  410,  Relating  to  Mutual  Insurance - 187 

Gates,  Jno.  P. 

Given  Vote  of  Thanks 320 

Caudill,  W.  J.,  Dist.  50. 

Attended  - - --   13 

Qualified - - 14 

Explained   Vote 129 

Nominated  J.  F.  King  for  Temporary  Chairman  7 

Nominated  Rev.  Frank  Naylor  for  Chaplain  27 

Address  on  Lincoln  Memorial  Day 221 

Pen  Presented  to 268 

Committees   Served  on  — 121 

Invitation  to  Federal  and  Indian  Officers 27 

Invitation  to  Messrs.  Beckham,  Taylor  and  Waterson  4  6 

Agriculture    - 4  7 

Private  Corporations  4  7 

Primary  Elections  --- 48 

Liquor    Traffic    72 

Geological    Sui'vey 52 

Reports 

Memorial  to  Congress  126 

Petitions  Presented  by — 

Relating  to  Liquor  Traffic  - - 130-151-181-195-198 

Relating  to  Woman  Suffrage  208 

Propositions  Introduced  by — 

No.  12,  Relating  to  Preamble  ■    58 

No.  226,  Relating  to  Lotteries  - 91 

No.  231,  Relating  to  Counties  - 92 

No.  233,  Relating  to  Rights  of  Women  92 


INDEX.  11 

CaiiJill     W.    .1. — coiUiiiued: 

No.  301,  Relating  to  Industrial  Education  100 

No.  380,  Relating  to  Bonds  of  Officers,  etc 140 

No.  427,  Limiting  Employees  of  Legislature  -'204 

No.  435,  Relating  to  Duty  of  Legislators  238 

Resolutions  Submitted  by — 

Relating  to  Oath  of  Members  12 

Invitation  to  J.  C.  W.  Beckham,  et  al 40 

Relating  to  Convict  and  Convict  Labor  118 

Relating  to  Annual  Reunions  333 

Chambers,  J.  H.,  Dist.   105. 

Attended --'- 14 

Qualified  - 14 

Committees  Served  on — 

State  Militia 52 

Legislative  Apportionment  52 

Judicial  Apportionment  53 

General  Provisions 53 


The  Schedule 


Coal,  Oil  and  Gas,  Chairman 65 

Reports    ...141-154-170 

Convention  Printing,  Chairman  Pro  Tem  65-247 

Segregated  Coal  and  Asphalt  Lands,  Chairman 208 

Chairman  Committee  of  the  Whole  294-308 

Petitions  Presented  by — 

Relating  to  County  Seat  148' 

Relating  to  .Judicial  Apportionment '- 166 


Relating  to  Election 


.208 


Relating  to  Private  Corporations  238 

Appointed  on  Coal  and  Asphalt  Commission  286 

Propositions  Introduced  by — 

No.  62,  Relating  to  Freedom  of  Speech  68 

No.  63,  Relating  to  Salaries  of  Officers  68 

No.  64,  Relating  to  Location  of  Capitol  68 

No.  263,  Relating  to  Working  Convicts  97 

No.  280.  Relating  to  Forestry  99 

No.  430,  Relating  to  Amendments  216 

Resolutions  submitted  by — 

Relating  to  Order  of  Business  - 1'^"'' 

Relating  to  Printing  Proposition  194 

Relating  to  Debate  ...235 

Relating  to  Flag  and  Vote  of  Thanks 31^ 

Chief  Committee  Clerk  Appointed  52-96-293 

Clay,  Miss,  of  Kentucky. 

Addressed  Convention  1"^7 


12  INDEX. 

Clark,  M. 

Api)ointed   Door-keeper  37 

CloLliier,  G.  L.,  Assist.   Forester  of  U.  S. — 

Invited  and  Addressed  Convention  95-96 

Clothier,  C.  C. 

Appointed   Draftsman   .326 

Cloud.  Henry  L.,  Dist.  23. 

Attended 13 

Qualified  .-—   14 

Nominated  Mr.  Frye  for  Vice-President -.   26 

Invocation    by    22  7-251-326-375 

Committees  Served  on — 

Memorial  to  Congress  - 126 

Deficiency  Appropriation -.- 29 

Suffrage - 47 

Enrolling  and  Engrossing -' 48 

Primary  Elections  - -   48 

State  and  School  Lands  52 

Revision,  Compilation,  Style  and  Arrangement 53 

Coal,  Oil  and  Gas - -    65 

Petitions  Presented  by — 

Relating  to  Religious  Liberty  73 

Relating  to  Agriculture  and  Education  -. 121 

Relating  to  Liquor  Traffic  - ..121-143-155 

Coal,  Oil  and  Gas,  Committee  on  65 

Report    : I'll 

Cobb,  J.  H.  N.,  Dist.  67. 

Attended  13 

Qualified -- - 14 

Nominated  Mr.  Hopkins  for  President  ...- 15 

Address  on  Lincoln  Memorial  Day  221 

Invocation  by  219-295-330 

Committees  Served  on — 

Deficiency  Appropriation ^  29 

Education  — 4? 

State  and  School  Lands  52 

Liquor  Traffic  72 

To  Raise  Funds 328 

To  Investigate  Gerrymander  348 

Petitions  Presented  by — 

Relaling  to  Liquor  Traffic  ...195 

Relating  to  Equitable  Provisions  for  Negroes  202 

Relating  to  Locating  Capitol 210 

Propositions  Introduced  by — 


INDEX.  13 

Cobb,    .1.    H.    N. — coiuinued: 

No.   245,  Relating  to  Engineering  93 

No.  246,  Relating  to  Terms  of  Office 93 

No.  329,  Relating  to  Woman  Suffrage  107 

No.  405,  Relating  to  Terms  of  Office    -.  175 

Resolutions  Submitted  by — • 

Relating  to  Improvement  of  Arkansas  River  106 

Coburn,  F.   D. 

Invited  to  Attend  and  Address  Convention  90 

Cochran,  Albert  G.,  Dist.  98. 

Attended 14 

Qualified   - ■   ■'■ 14 

Committees  Served  on — 

Legislative  Department  - 46 

Municipal  Corporations  47 

Privileges  and  Elections - 48 

Mines  and  Mining,  Oil  and  Gas  52 

Crimes  and  Punishment - - 47 

Petitions  Presented  by — 

Relating  to  Religious  Liberty 73 

Relating  to  Counties  103 

Relating  to  Pharmacy  Law  108 

Propositions  Introduced  by — 

No.  107,  To  Establish  a  School  of  Reform  T4 

Colquitt,   O.   B. 

Invited   to  Attend   and   Address   Convention   39 

Accepted  Invitation  46 

Address    Convention    114 

Committee  Clerks  Appointed  5  2-71 

Committee  Stenographers  Appointed - 36 

Convention  Accounts  and  Expenses,  Committee  on  -    53 

Directed  to  Report  Amount  Expended  ■-  283 

Reports ^^0 

Convention  Printing,  Committee  on  —  65 

Reports    - 119-124-156 

Authorized  to  Receive  Bids  330 

Copeland,  Riley,  Dist.  62. 

Attended ^3 

Qualified 14 

Committees  Served  on — 

Immigration    47 

Public  Roads  and  Highways  47 

Impeachment  and  Removal  from  Office 52 

Convention  Accounts  and  Expenses  53 

Public  Debt  and  Public  Works  53 


14  INDEX. 

Copeland,    Riley — continued: 

Coal,  Oil  and  Gas  65 

Pen  Presented  to  316 

Petitions  Presented  by — 

Relating  to  Woman  Suffrage 181 

Propositions  Introduced  by — 

No.   391,  Relating  to  Marriages  145 

Counties  and  County  Boundaries,  Committee  on 72 

Reports - 12  2-162-174 

County  and  Township  Organization,  Committee  on  ..- 53 

Reports '.217 

Crimes  and  Punishment,  Committee  on  47 

Reports 

Curl,  Jos.  J.,  Dist.  57. 

Attended  - 13 

Qualified 14 

Presented  Pres.  Murray  with  Gavel  --- 33 

Committees  Served  on — 

Mileage - 41 

Contested  Elections  41 

Private  Corporations 47 

Railroads  and  Public  Service  Corporations  47 

Geological   Survey 52 

Banks  and  Banking,  Loan,  Trust  »nd  Guaranty  Companies, 

Chairman    5  2 

Reports — 208 

Mines  and  Mining,  Oil  and  Gas  52 

Insurance - 52 

Legislative  Apportionment  52 

Petitions  Presented  by — 

Relating    to    Religious   Liberty    73 

Relating  to  Liquor  Trafflc 73-90 

Proi)ositions  Introduced  by — 

No.  11,  To  Prohibit  Trade  Discrimination  58 

No.  Ill,  Relating  to  Legal  Rates  of  Interest 75 

No.  273,  To  Limit  Issuance  of  Stocks  and  Bonds  ..-    98 

No.  274.  Relating  to  Sale  of  Public  Lands  -.    98 

No.  399,  To  Create  a  Board  of  Control  .159 

No.  400,  Relating  to  Free  Transportation  160 

Covey,  Homer  P.,  Dist.  4. 

Attended 37 

Qualified  37 

Committees  Served  on — 

Deficiency  Appropriation  29 

Contest   41 


IN'DICX.  i'' 

Covev.  Homer  P. -continued: 

•  47 

Agriculture 

Suffrage    _ 

Labor  and  Arbitration  ■       ^^ 

Petitions  Presented  by — 

Relating  to.  Religious  Liberty  '^ 

Liquor  Traffic ...150-197-203 

Propositions  Introduced  by — 

No.  65,  Relating  to  Suffrage  ^^ 

No.  108,  Regulating  Payment  of  Taxes  --.. 74 

No.  109,  A  Proposition  for  Preamble  ■ "^^ 

No.  110,  Exemption  of  Real  Estate  '^^ 

No.  250,  Relating  to  Settlement  of  Damages 95 

No.  211,  Relating  to  Labor  and  Arbitration  88 

No.  306,  Relating  to  Agriculture  "^^1 

Dalton,  Wm.  T.,  Dist.  69. 

Attended ^^ 

Qualified  ^^ 

129 
Explained  Vote 

Committees  Served  on — 

Suffrage    - ^'^ 

Private  Corporations *' 

r.  Q 

General  Provisions  --- "^ 

Public   Printing    ^^ 

Petitions  Presented  by — 

Relating    to    Religious    Liberty '''^ 

Propositions  Introduced  by — 

No.  112,  Relating  to  Rights  of  State  ""^ 

No.  113,  Relating  to  Rights  of  Farmers  - ^^ 

No.  173,  Relating  to  Pardons 82 

No.  174,  Relating  to  Requisitions  '^- 

No.  210,  Relating  to  Local  or  Sjiecial  Laws 8S 

No.  24S,  Relating  to  Shipping  Dead  Bodies  94 

No.  277,  Relating  to  Freedom  of  Speech                           9^ 

Dav,  Jno.  M. 

•  '  o  g 

Appointed   Mail-carrier   

Dawes,  S.  O. 

Appointed  Postmaster  ^^ 

Dearing,  W.  S.,  Dist.  44. 

Attended ^^ 

Qualified    ^^ 

Address  on  Lincoln  Memorial  Day  •- 221 

Committees  Served  on — 

Municipal  Corporations  '^" 

Convention  Accounts  and  Expenses  53 


16  INDEX. 

Dealing,  W.   S. — continued: 

Labor  and  Arbitration  ..-. bj, 

Chairman  Committee  of  the  Whole     .- 345 

Petitions  Presented  by — 

Relating  to  Religious  Liberty  - 73 

Relating  to  Liquor  Traffic ..162 

Propositions  Introduced  by — 

No.  22,  For  Initiative  and  Referenaum ---- oy 

No.  23,  For  Regulation  of  Trusts  -... 59 

No.  114,  To  Prescribe  Qualifications  for  Office 75 

Dick,   E.   J. 

Appointed  and  Qualified  as  Committee  Clerk 71 

Assigned  to  Committees 65 

Dickinson,  Philip  J. 

Appointed  Committee  Clerk  202 

Disch,  Rev.  Mr. 

Invocation  by .177-231-232 

Duke,  Dr.  J.  W. 

Given  Vote  of  Thanks 321 

Durant,  W.  A. 

Elected  Sergeant-at-Arms .     . 26 

Refused  to  Accept  Contributions  of  Members .-. -... 333 

Given  Vote  of   Thanks 347 

Durant,  Wm.  E.  L. 

Appointed   Page  Without  Pay   130 

Placed  on  Salary  182 

Appointed  Page  to  President  ..  217 

Durant,  James  G. 

Appointed  Page 13o 

Edley,  Wm.  H.,  Dist    53. 

Attended  -- .— - - -—   13 

Qualified .- - 14 

Explained   Vote 12y 

Committees  Served  on — 

Invitation    -. 46 

Executive  Department 46 

Immigration   ., .    .    47 

Banks  and  Banking,  Loan,  Trust  and  Guaranty  Companies  .—   52 

Insurance 52 

State  Militia 52 

Petitions  Presented  by — 

Relating  to  Child  Labor,  etc 65 

Relating  to  Pensioning  Firemen  155 

Relating  to  Liquor  Traffic  174-186 

Relating  to  Sale  of  School  Lands  186 


INDEX.  17 

Kdloy,    W.    H. — ^continued: 

I'lopositions  Intiudiiced  by — 

No.  50,  Relating  to  School  Lands  62 

No.  56,  Relating  to  State  Militia  68 

No.  57,  Relating  to  Commission  of  Agriculture  68 

No.  58,  Relating  to  Bank  Deposits 68 

No.  346,  Relating  to  Salaries  of  Deceased  Officers  - 11^ 

No.  347,  Relating  to  Railroad  Corporations lib 

No.  423,  Relating  to  Cities  of  First  Class  ..'. 200 

Resolutions  submitted  by — 

Relating  to   Holding  Night  Sessions 241 

Edniondson,  .1.  Turner,  Dist  66. 

Attended 13 

Qualified 14 

Committees  Served  on — 

Agriculture 47 

Executive  Department 46 

Public  Roads  and  Highways 47 

Homesteads  and  Exemptions 52 

Education,  Committee  on 47 

Reports 240-286 

Elections,  Privileges  and — 

Committee  on 48 

Elections,  Primary — 

Committee  on 48 

Reports 326 

Election  Ordinance  Adopted 346-372 

Election,  Contested — 

Committee  on 41 

Reports  of 46 

I^aid  on  the  Table 46 

Ellis,  Albert  H.,  Dist.  14. 

Attended    13 

Qualified  14 

Pen  Presented  to 278-316 

Ink  Well  Presented  to  342 

Nominated  and  Chosen  Second  Vice-President  34 

Committees  Served  on — 

To  Revise  .lournal  of  First  Day  : 29 

Invitation    96 

Agriculture 47 

Revenue  and  Taxation  47 

Primary  Elections 48 

Judicial  Apportionment 53 

Public   Health   and   Sanitation   and     Practice     of    Medicine. 


18  INDEX.         '       '• 

Ellis,   Albert   H. — continued: 

Chairman    53 

Reports 190 

Special  Conference  •. 197 

Coal  and  Asphalt  Commission  ---.. 286 

Petitions  Presented  by — 

Relating  to  Religious  Liberty 73 

Propositions  Introduced  by^ — 

No.  14,  Relating  to  the  Death  Penalty 58 

No.  IG,  Limiting  the  Power  of  Pardon  and  Parole  59 

No.  66,  Relating  to  Exemptions .-..    68 

No.  139,  Relating  to  Exemption  from  Jury  Service  77 

No.  175,  Relating  to  Free  Transportation 82 

No.  176,  Relating  to  Issuance  of  Bonds  82 

No.   209,  To  Prohibit  Lotteries 88 

No.  268,  Reserving  Rights  of  the  State  98 

No.   313,   To  Restrict  Certain  Ownership 1U5 

No.  314,  Relating  to  State  Ownership 105 

No.  318,  Relating  to  Exemptions 106 

No.  386,  To  Regulate  Land  Ownership 145 

tlesolutions  Submitted  by — 

In  Confirmation  of  Appointments 40-59-96 

Relating  to  Smoking 39 

Relating  to  Office  of  President 114 

Relating  to  Consideration  of  Contested  Election  121 

Relating  to  Invitation  to  "Coin"  Harvey  151 

Relating  to  Printing  Constitution  334 

Enrollment  and  Engrossment — 

Committee  on  48 

Enrolling  and  Engrossing  Clerk,  Chief — 

Office  Created  and  Salary  Fixed 30 

Bagby  Appointed  37 

Everett,  Hon.   J.  A. 

Invited  to  Attend  and  Address  the  Convention  72 

Everhard,  Superintendent  Enid  Schools — 

Invited  and  Addressed  the  Convention  160 

Executive  Department — 

Committee  on 4  6 

Reports  of  186-279 

P'airview  Commercial  Club — 

Presents  book  of  rules  to  the  Convention  58 

Federal  Relations — 

Committee   on    46 

Reports   of   112-115-135-13  7 


mDEX.  1*1 

Field,    \V.   T. 

Addressed    Convention 32  2 

Filson,  Chas.  H.,  Territorial  Secretary — 

Called  roll  of  members  13 

Advised  of  assignment  of  committee  rooms  63 

Communication    regarding    expenses    313 

Given  vote  of  thanks  - - 320 

Attested    signatures    ...341 

Fisher,  Chas.  C,  Dist.  39. 

Attended    .-    13 

Qualified     14 

Committes  Served  on — 

Private    Corporations    47 

Mines   and    Mining,    Oil   and    Gas 52 

Impeachment   and    Removal    from    Office   52 

State    and    School    Lands    52 

Public  Printing,  (filed  minority  report  210)  65 

Petitions  presented  by — 

Relating  to  Liquor  Traffic   14S-168 

Folk,  Hon.  Jos.  W. 

Invited  to  attend  and  address  Convention  125 

I'oose,  Hon.   Jno.   W. 

Given  vote  of  thanks  .320 

Resolutions  of  Respect  for 381 

i'-rantz,  Gov.  Frank. 

Communication    from,    read   148 

Vote    of   thanks   given    148 

Proclamation   by    4  59 

Frye,  C.  O.,  Dist.  84. 

Attended 14 

Qaulified 14 

Nominated  for  Vice  President  2G 

Committees  Served  on — 

Deficiency  Appropriation    29 

Federal    Relations    46 

Private   Cori)orations    (added) 50 

Convention  Accounts  and  Expenses  53 

Public  Printing  65 

To  Escort  Mr.  Hanraty  to  Chair  26 

Petitions  Presented  by — 

Relating  to  County  Boundaries  125 

Propositions  Introduced  by — 

No.    377,   Relating   to  Uniform    Taxation  ." 120 

No.   385,   Relating   to    Platted   Towns   145 


20  INDEX. 

Gardner,   Neil   B.,   Dist.    91. 

Attended 14 

Qualified    14 

Committees  Served  on — 

Convention   Officers   and   Employees 28 

Education 47 

Public  Institutions  and  State  Buildings - 47 

Mines   and  Mining,  Oil  and  Gas  .- 52 

Convention  Printing   65 

Counties  and  County  Boundaries  72 

Homesteads    and    Exemptions,    Chairman ---•»-    5  2 

Judicial  Apportionment,    Vice-Member 247 

Pen    Presented    to    , ■ 310 

Propositions  Introduced  by — 

No.    68,   Relating   to    Homesteads 69 

Resolutions  Submitted  by — 

To  Elect  Jno.  M.  Young  Temporary  Secretary  12 

Relating   to   Convention   Officers   28 

Gault,  P.  M. 

Appointed   on    Election    Finance ...321 

Gompers,  Samuel 

Pen  Presented  to  2  83 

Graham,    J.    C,    Dist.    106. 

Attended 14 

Qualified    14 

Committees  Served  on — 

Designation  of  Standing  Committees  .-    27 

Contested    Elections    -... -- 4i 

Invitation 46 

Railroads  and  Public  Service  Corporations  47 

Preamble    - 46 

Public  Roads  and  Highways  and  Internal  Improvements 4  7 

Homesteads  and  Exemptions 52 

Filed  Report  for  193-222 

Private  Corporations,   Chairman   46 

Reports 214-228 

Homesteads    and   Exemi^tions,    Chairman   Pro    Tem 220 

Pen    Presented    to 291-319 

Petitions  Presented  by — 

Relating    to   Floral    Emblem 182 

Propositions  Introduced  by — 

No.      1,  Relating  to  Railroad   Control    56 

No.   49,   Relating    to    Exemptions    62 

No.    339,   Relating    to    State    Buildings    109 

No.  421,  Relating  to  Foreign  Corporations  194 


INDEX.  21 

Graluini,   J.    C. —  continued: 

Resolutions  Submitted  by — 

For  Committee  on  Standing  Committees  27 

Relating  to  Holding  Night  Sessions  214 

Of  Thanks  to  Reporters  322 

General    Provisions — • 

Committee   on   53 

Reports    of    156-184-248 

Geological  Survey — 

Commitee  on   52 

Reports   of   - 121 

Gordon,  N.  A. 

Appointed  Assistant  Reading  Clerk   80 

Gore,   D.  F. 

Appointed    Committee    Stenographer    , 40 

Qaulified    46 

Assigned    to    Committees *>''' 

Greenwood,  Albert. 

Appointed  Page  36 

Hainer,  Justice. 

Opinion    by    419-444 

Halsell,  Ed.  L.,  Pres.  Muskogee  Commercial  Club. 

Invited  the  Convention  to  Muskogee 57 

Hansen,   B.   C. 

Communication    from 295 

Hanraty,  Peter,  Dist.   96. 

Attended 14 

Qualified    14 

Nominated  and  Elected  Vice  President 26 

Address  Accepting  Vice  Presidency  26 

Pen    Presented    to    289 

Paper   Weight   Presented    to    - 342 

Committees  Served  on — 

Standing    Committees    27 

Municipal    Corporations 47 

Mines  and  Mining,  Oil    and   Gas  52 

Labor  and  Arbitration,  Chairman  53 

Reports 242 

Public  Debt  and  Public  Works .' 53 

Counties  and  County   Boundaries  72 

Petitions  Presented  by — 

Relating  to   Religious  Liberty  73 

Relating   to  The  Liquor  Traffic  139 

Relating  to  Woman    Suffrage    206 

Propositions   Introduced   by— 


V2  INDEX. 

tfanraty,    Peter — continued: 

No.      6  7,   Relating  to  Fellow   Servant   Law   (59 

No.    206,   Relating  to  Disqualifications  of  Judges 87 

No.    207,  To  Prohibit  Government  by   Injunction  ■-... 87 

No.    208,   Relating  to  Locating  Railroad  Lines 87 

No.    302,   Relating  to  Hours  of  Labor  101 

No.    303,   Relating  to  Immigration  and  Labor  101 

No.    304,   Relating  to  Fellow  Servant  Law  101 

No.    305,   Relating  to  Rights  of  Labor  101 

No.    384,   Relating  to  Mines  and  Mining  - 144 

Resolutions  Submitted  by — - 

Relating  to    Free   Passes   49 

Relating  to  Union  Label  on  Convention  Printing  49 

Being  Invitation  to  President  John  Mitchell  — 151 

Thanks  to  Hon.  J.  H.  Sheppard  ....189 

Relating  to  Surplus  Allotments 206 

Telegram  to,   Read    18  1 

Harned,    D.   G.,   Dist.   No.    9. 

Attended 13 

Qualified    - - 14 

Committees  Served  on — 

Portraits - 52 

Education    47 

Privileges   and   Elections   - 48 

Enrolling  and   Engrossing   48 

State  and  School  Lands  5- 

Public  Health   and  Sanitation  53 

Liquor    Traffic    .- -. — 72 

Invitation  to  Col.  W.  H.  Moore 39 

Explained   Vote - - 12  9 

Petitions  Presented  by — 

Relating  to  Liquor  Trafiic - 131 

Relating  to   Religious  Liberty  73 

Propositions  Introduced  by — ■ 

No.    24,   A  Proposition   for  Preamble 59 

No.    69,   Relating   to   Gambling 69 

Resolutions  Submitted  by — 

For   Adoption   of   Committee    Report  48 

Harris,  Jas.  A.,  Dist.  No.  71. 

Attended    14 

Qualified    , 14 

Contest  Filed  Against  by  Thos.   Harrell   35 

Committees  Served  on — 

Railroads  and  Public  Service  Corporations  .  47 

Revenue    and    Taxation    47 


TNDRX.  23 

Harris,    Jas.    A. — continued: 

Judicial    Apportionment    - 53 

Manufacture  and   Commerce  53 

Labor  and  Arbitration   53 

Public   Debt   and   Public    Works   53 

Pen    Presented    to    303 

Petitions  Presented  by — 

Relating  to  County  Boundaries  1 125 

Propositions  Introduced  by — 

No.    70,   Relating  to  Rate  of  Interest  69 

No.    71,   Relating  to  Separate  Schools  69 

Harrison.  Ben  F.,  Dist.  88. 

Attended    - - 14 

Qualified    - -     14 

Committees  Served  on — 

Preamble  and  Bill  of  Rights  46 

Executive    Department    - 46 

Railroads  and   Public  Service  Corporations  47 

State  and  School  Lands 52 

Public  Debt  and  Public  Works  53 

Portraits    5* 

Address  to  the  Public 322 

Petitions  Presented  by — 

Relating  to  Religious  Liberty  73 

Harrison.  John  B.,  Dlst.   45. 

Attended    : 13 

Qualified    .— - 14 

Nominated  Mr.  Herring  for  Vice  President  34 

Comm'ittees  Served  on- — 

Executive    Department    --- 46 

Municipal    Corporations    47 

Revenue  and  Taxation   47 

Crimes  and   Punishn>ent,    Chairman   47 

Judicial    Apportionment    53 

Manufactures   and    Commerce    53 

Ordinances    53 

Election  Ordinances  and  Amendments  ..348 

Petitions  Presented  by — 

Relating  to  Judicial  Apportionment 222 

Propositions  Introduced  by — 

No.    440,   Relating   to   County    Boundaries  271 

Resolutions  Submitted  by — 

To   Table   Ordinance   50 

Harrell,  Thos. 

Filed  Contest  vs.  J.  A.  Harris;  later  Withdrawn  35 


24  Ix\DEX. 

Harvey.  W.  H.   (Coin). 

Addressed    the    Convention 164 

Given  Vote  of  Thanks 164 

Harper,  O.  G. 

Appointed    Minute    Clerk    37 

Qualified -  .   46 

Resigned 208 

Haskell,  Chas.  N.,  Dist.   7  6. 

Attended    13 

Qualified .,.    14 

Nominated   Mr.    Hanraty    for  Vice   President  25 

Nominated  D.  C.  Gates  for  Assistant  Sergeant-at-Arms 26 

Nominated  John  M.  Young  for  Secretary  26 

Presented  Papers  in  Contest  of  Harrell  vs.  Harris  35 

Explained    Votes 136 

Presented    Group    of    Members    -- 239 

Pen   Presented  to 318 

Committees  Served  on — 

To  Escort   Mr.  Murray  to  the  Chair  15 

To  Escort  Mr.   Hanraty  to  the  Chair  - 28 

To   Allot  Seats  to  Members.  Chairman  29 

Reported    - -    33 

Memorial   to    Congress   - 119 

Homesteads  and  Exemptions,  Member  Pro  Tem  220 

Steering,    Chairman 297 

Railroads  and  Public  Service  Corporations 47 

Revenue    and    Taxation    ..- 47 

Insurance    ., 52 

Added  to  Committee  on  County  Boundaries 117 

Primary   Elections,    Chairman 52 

Reports - - 326 

Petitions  Presented  by — 

Relating  to  Liquor    Traffic ..59-189-238 

Relating  to  Election    - 185 

Relating  to   Medical    Board    189 

Relating  to  Press    Service 189 

Relating  to  Elections    210 

Relating  to  Change  in  County   Boundaries  326 

Propositions  Introduced  by — 

No.      25,   Relating  to  Elective    Franchise    60 

No.      26,   Relating  to  Tax   Collections 60 

No.    116,   Providing  for  Maximum  Tax  Rate  75 

No.    117,   Relating  to   Political   Nominations   ..  75 

No.  118,   Relating  to   Convict    Labor    75 


INDIi:X.  ^^ 

Haskell,    Chas.    N.— coutinued: 

No.  119,  Relating  to  Status  of  Trust  ^^ 

No.    120,   Relating  to  Bonds 

No.    121,   Relating  to   Municipal  Ownership.  Etc '^ 

No.    122,  To  Govern  Corporations  - 

No.    123,   Relating  to  Corruption  in  Office  ^6 

No.    124.   Relating  to   Crimes  and  Punishment  '^ 

No.    125,   To  Limit  Operation  of   Railroads  Jo 

No.    162,   Relating  to   Race    Distinction    - ° 

No.   218.  Relating  to  Judicial  System  ^^ 

No.    219,  Relating  to  Trusts : 

No.    397,   Relating   to   Employers'   Liability  - ^^^ 


No. 


398,   Relating  to   Creation  of  a  Supreme  Court 


No.    428,   Relating  to   Control  of  Railrof 


.159 
.211 


Resolutions  Submitted  by—  2  9  36 

Relating  to  Allotment  of  Seats  

Invitation  to  Col.  W.   H.   Moore  ^^ 

Relating  to  Hanging   Portraits    

Relating  to   Appointment  of  Committee  Clerks  ^^ 

Relating  to   Amendment  of  Rules  - -  ^^ 

Relating  to   Adjournment    

Relating  to     Taking  Report  from  Table  

Relating  to  Loan  of  Desks  to  Pig  Iron  Club  ^^ 


Relating  to   Contests    - ^^ 

Relating  to  Convention  Printing 
Relating  to  Invitation  to  Speak 
Relating  to   Report  on  Expenses 


Relating  to   Convention    Printing 

Relating  to   Invitation    to    Speakers ^^^ 


115 

Relating  to   Adjournment    .- - - 

Relating  to  Adding   President   to   Committee   ij^ 

Relating  to  Pay   of  Chief  Committee  Clerk   IJ^ 

Relating  to   Deficiency    Appropriation    ^^^ 

Relating  to   Convention    Printing    

Relating  to   Charges  of  Corruption  ^^^ 

Memorial   to  President 

Relating  to  Control    of   Oil   Trust   ^^^ 

Being  a  Substitute   ^^ 

Relating  to  Convention  Expenses  

Directing  Secretary  ^o  Forward  Memorial 

Relating   to  Defending   in    Injunction    Suit    

Relating  to  Legal   Advisory  Committee  -^^ 

Relating  to  Committee    Work    283 

To  Present  Pen  to  Mr.  Gompers  ^^^ 

Relating  to   Expenses    ^gg 

Relating  to  Special    Order    ^^^ 

Relating  to  Excusing    Members    


26  INDEX. 

Haskell,    Clias.    N. — continued: 

Relating  to  Separate  Coaches  i251 

Relating  to  Editing  Committee,  Etc 295< 

Hayes,  S.  W.,  Dist.   85. 

Attended    14 

Qualified - 14 

Committees  Served  on — 

Rules  and  Procedure  40 

Filed  Report  for  - 226 

Federal  Relations - 46 

Judiciary  and  Judicial  Department 46 

Impeachment  and  Removal  from  Office  -.. 52 

To  Investigate  Injunction  Suit 229-233 

Legal    Advisory 24  2 

Reports 246-250-279 

Steering    - - ....297 

Editing 321 

Election  Ordinance   .326 

Election  Ordinance  and  Amendments  348 

The   Schedule,    Chairman 53 

Reports .-- 302 

Chairman  of  Committee  of  the  Whole 151,  163,  165,  167,  169, 

170,    173,    176,    178,    179,    ISl,    182,    183,    187,    190,    244. 

Presented  With  Pen  - - - 302-311-324 

Petitions  Presented  by — 

Relating  to   Pensioning    Firemen    153 

Relating  to   Liquor  Traffic  - 181 

Propositions  Introduced  by — 

No.        6,   Relating    to    Rights    of    Action    for    Personal    In- 

Injuries    57 

No.   177,   Relating  to   Liability   of   Carriers  83 

No.    2  5  8,   Relating  to   Marriages  of  Negroes  97 

No.    319,   Relating  to   Common    Carriers    106 

No.    320,   Relating  to   Oath    of   Office   106 

No.    432,   To  Prohibit  Perpetuities  and  Monoplies  225 

Resolutions  Submitted  by — 

Confirmation  of  Appointments 37 

Invitation  to  Mr.  Colquitt  39 

Relating  to  Order  of  Business   54 

Relating  to   Convention  Accounts 55 

Relating  to   Invitations    85 

Relating  to  Report    of    Printing    Committee    138 

Relating  to  Salary   of   Reading   Clerk    153 

Relating  to  Vote    of    Thanks 166 

Relating  to  Woman  SuiTrage    .    181 


INDEX.  27 

Hayes,  S.    W. — contimuid: 

Memorial  to  Congress  154 

Relating  to   Consideration  of  Report  227 

Relating  to  Attorneys'  Fees  in  Injunction  Suit 235 

Substitute  Relating  to   Invitation   235 

Relating  to  Printing  Report  of  Committee  on  Compilation, 

Etc 236 

Substitute   for   Resolution    92    298 

Relating  to   Per  Diem  of   Miss  Schott  320 

Authorizing  Any  Necessary  Ap[)ointments  32  2 

For  Additional  Section  to  Schedule  327 

To  Make  Special  Order 349 

For  Several  Amendments,  Pages  Inclusive  353  to  371 

To  Finally   Adopt  Constitution    .375 

Relating  to  Adjournment    381 

Hausam,  A.  L.,  Dist.  70. 

Attended    14 

Qualified 14 

Granted  Leave  of  Absence  63 

Committees  Served  on — 

Agriculture 47 

Immigration    a 47 

Private    Corporations 47 

State    Militia 52 

Labor  and- .Arbitration   53 

Public    Printing 65 

Public  Roads  and  Highways,  Chairman  4  7 

Reports    184 

Chairman  Committee  of  the  Whole  319 

Petitions  Presented  by — 

Relating  to  Railroads    132 

Relating  to   County    Seats 155 

Propositions  Introduced  by — - 

No.      72,   To  Establish  a  Department  of  Agriculture  69 

No.    315,   Relating  to  Bill  of  Rights  105 

No.   367,   Relating  to   Corporations    120 

No.    396,   Relating  to   The    Judiciary    15P 

No.    407,   Relating  to  Extortion    175 

No.   408,  Relating  to  Administration  of  Justice  175 

Resolutions  Submitted  by — 

Confirmation   of    Appointments    36 

Inviting  Hon.   W,   J.   Bryan   39 

Relating  to   Address   of  Col.   Moore  103 

Relating  to   Adjournment.    Etc 223 

Relating  to  Invitation   to   High  School   235 


28  INDEX. 

Helton,    W.    L.,   Dlst.    24. 

Attended    13 

Qualified 14 

Committees  Served  on — 

Executive    Department    46 

Suffrage    - 47 

Public  Roads  and  Highways 47 

Revision,  Compilation,  Style  and  Arrangement  53 

Editing 321 

Resolutions    of   Respect    381 

Chairman  Committee  of  the  Whole 220-239 

Petitions  Presented  by — 

Relating    to    Liquor    Traffic    151 

Propositions  Introduced  by — 

No.    126,  Reserving   Rights    to   the    People 76 

No.    127,   Relating   to    Suffrage    7€ 

Henshaw,  George  A.,   Dist.    107. 

Attended , 14 

Qualified 14 

Pen   Presented   to 2  69 

Committees  Served  on — 

Contests,    Chairman 41 

Reported    46 

To  Investigate  Jim  Crow  Provision  and  Report  238-246 

Private    Corporations    47 

Salaries   and   Compensation   of   Public   Officers   48 

Insurance    5  2 

The    Schedule 53 

Counties  and  County  Bondaries 72 

Suffrage,    Chairman 47 

Judicial    Apportionment,    Member   Pro   Tern    204 

Legal    Advisory 242 

Steering    297 

Editing    3  21 

Election   Ordinance   32  6 

Election   Ordinance   and   Amendments   348 

Chairman,  Committee  of  the  Whole 230,,  231,  232,  234,  235, 

236,    239,    242,    243,    245,    248,    251,    257,    259,    270,    286, 
294,   302,    305,    306,   308,    312,   344. 

Petitions  Presented  by — • 

Relating     to  Woman  Suffrage 195 

Propositions  Introduced  by — 

No.   178,   For    Preamble    83 

No.    179,  Relating  to   Corporate  Ownership  of  Land  83 


INDEX.  29 

Hcnsluiw,  Geo.    A. — contiiiuod: 


No.    180,   Relating   to    Ilegulstion    of    Railroads 


83 

No.    349,   Relating   to   Corporation:^    ,- H^ 

Relating  to   Members    of    the    Legislature    116 

116 


No.    350, 

No.    351,   Relating  to  Corpoi-ations 


No.    354,   For  Creation  of  a  Corporation  Commission  li? 

Resolutions  Submitted  by — 

Relating  to   Oath   to   Employees   ^^ 

Relating  to   Report  on  Contests ^^ 

Relating   to   Writing  Journal  '^^ 

Relating  to   Tutroduction   of   Propositions    -: HO 

Relating  to   Report  of  Printing  Committee  140 

Relating  to   Invitation    to    Gov.    Adams    -148 

Relating  to   Salary  of  Journal  Clerk  175 

Relating  to   Salary  of  Mrs.    Curtis   195 

To  Lay  on  Table 235 

Relative  to  Steering  Committee   - 247 

Henshaw,   PauL 

o  2  S 
Appointed  page "^^ 

Hendricks,    W.    P.,    Dist.    10. 

Attended    ^^ 

Qualified    ^^ 

Pen  Presented  to 281 

Granted  Leave  of  Absence  ^^ 

iCommittees  Served  on — 

Agriculture,   Chairman   47 

Reports    - 184-243 

Railroads    and   Public   Service   Corporations   47 

Manufactures    and    Commerce 53 

Labor  and  Arbitration   53 

To  Consider  Report  of  School  Lands  Committee  239 

Petitions  Presented  by — 

On    Liquor    Traffic    141-175-192 

Propositions  Introduced  by — 

No.    361,   Relating  to   County    Boundaries    119 

No.    362,   Relating  to   Removal   of   County   Seats   119 

No.    363,   Relating  to   Dividing    Counties     - 119 

Herring.  F.  E.,  Dist.  4  6. 

Attended    ^^ 

Qualified    "^^ 

Invocation    by ^^^ 

Nominated  for  Vice  President  34 

Committees  Served  on — 

Municipal    Corporations    47 

Public  Roads  and  Highways  47 


30  INDEX. 

Herrins,    F.    E. — continued. 

Privileges   and    Elections   48 

•  Judicial    Apportionment    53 

Petitions  Presented  by — • 

Relating  to  Religious  Liberty  73 

Relating  to  Liquor    Traffic    14  2 

Relating  to  Woman    Suffrage — 181-192 

Propositions  Introduced  by — ■ 

No.      73,   Relating   to   Constitutional   Lav*^   - 69 

No.      74,  Relating  to   Name    of    State    - 69 

No.    311,   Relating  to   Corporations - 105 

No.    331,   Relating  to  Liquor  Traffic  - 107 

Resolutions  Submitted  by — 

Relating  to   Invitation  to   Oklahoma  City   50 

Relating  to   Initiative  and  Referendum  - 40 

Relating  to  Amendment  of   Rules   66 

Relating  to   Printing   Resolutions   .- 72 

Herrington,  Con. 

Appointed    Night-watciiman    37 

Heuston,  F.  E.,  Dist.  21. 

Attended    - - 13 

Qualified : -- 14 

Committees  Served  on — - 

Deficiency   Appropriation    - 29 

Contests - 41 

Relieved    from   85 

Legislative    Department 46 

Agriculture    47 

General    Provisions    53 

Petitions  Presented  by — 

Relating  to  Liquor  Traffic  168 

Relating  to  Woman    Suffrage 185 

Hill,  J.  K.,  Dist.   63. 

Attended    — - 14 

Qualified 14 

(Committees  Served  on — 

Executive    Department    46 

Privileges   and    Elections    48 

Mines  and  Mining,  Oil  and  Gas  52 

Manufactures  and  Commerce  53 

Public    Health    and    Sanitation    53 

To    Raise   Funds   - - 328 

Petitions  Presented  by — 

Relating  to  Liquor  Traffic  152 


INDEX.  31 

Hogg.  Uavid,  Dist.  4  3. 

Attended    36 

Qualified    36 

Granted  Leave  of  Absence  73 

Committees  Served  on — 

Agriculture    47 

Private    Corporations 47 

Public  Roads  and  Highways  47 

Judicial    Apportionment    53 

Special    Conference   ' 197 

Petitions   Presented  by — 

Relating  to   Liquor    Traffic    189 

Propositions  Introduced  by — 

No.    27,   Relating  to   Creation  of  a  Supreme  Court  CO 

No.    75,   Relating  to   County   Seats   69 

No.    76,   Relating  to  County    Officers 69 

Holcomb,   I.  M.,  Pres.  Oklahoma  Chamber  of  Commerce. 

Extends    Invitation    to    Convention 51 

Homesteads  and  Exemptions,  Committee  on  5  2 

Reports    193-222 

Hopkins,  Phil.  B.,  Dist.  75. 

Attended    ,..  - 14 

Qualified ..- , 14 

Granted  Leave  of  Absence  77 

Nominated   for  President  of  Convention  , 15 

Explained    Vote    ..- 136 

Committees  Served  on — 

To  Escort  Mr.   King  to  the  Chair  7 

To  Escort   Mr  Murray  to  the  Chair  15 

Standing   Committees   29 

Rules  ard   Procedure   40 

Invitation 40 

Public  Institutions  and  State  Buildings  47 

Private    Corporations 47 

Relieved   from   on   Account   of   Interest   50 

Legislaitive    Apportionment    52 

Ordinances 53 

Propositions  Introduced  by — 

No.   409,  Relating  to  Sale  of  Coal  and  Asi)haU   Lands 175 

Resolutions  Submitted  by — 

Relating  to  Navigation,  Etc 56 

Relating  to   Adoption  of  Ordinance   114 

Hubbard,   F.    C,   Mayor  of  Muskogee. 

Extends   Invitation   to   Convention   54 


32  INDEX. 

Hudson,   W.    B.,   Dist.    7  9. 

Attended     14 

Qualified    14 

Committees  Served  on — 

Deficiency    Appropriation    29 

Immigration 47 

Municipal    Corporations    47 

Crimes    and    Punishment 47 

Mines  and   Mining,  Oil   and  Gas  52 

Banks    and    Banking    52 

County  and  Township  Organization 5'3 

Petitions   Presented  by — 

Relating  to  Legislative  Matter  152 

Relating  to   Liquor   Traffic ...175 

Hughes,  W.  C,  Dist.   28. 

Excused  at  First  of  Session  Account  of  Sickness  13 

Qualified  at  His  Room 35 

Committees  Served  on — • 

Standing   Committees 27 

Excused  from.  Account  of  Sickness   29 

Judiciary  and  Judicial  Department  46 

Federal    Relations 46 

Salaries  and  Compensation  of  Public  Officials  48 

The  Schedule 53 

Municipal    Corporations,    Chairman 47 

Reports    244 

Chairman  Committee  of  the  Whole  202 

Pen  Presented  to  311 

Petitions  Presented  by — 

Relating  to   Liquor   Traffic 23-189 

Relating  to   Juvenile    Courts 23" 

Propositions  Introduced  by — 

No.    223,   To   Prohibit  Perpetual    Franchise 91 

No.    224,   To  Restrict  Delegated   Power 91 

No.    225,   To  Provide  for  a  Commissioner  of  Charities  91 

No.    345,  Relating  to  Liquor    Traffic 116 

No.    389,   Relating  to   Employment   of  Children  145 

Resolutions  Subnatted  by — 

Relating  to   Committee    Meetings 90 

Relating  to   Bar  .Association 121 

Relating  to  Order  of   Business 90 

Regard  for  Mr.  Haskell  320 

Humphrey,  W.  D.,  Dist.  5  8. 

Attended    13 

Qualified    14 


INDEX.  33 

Iliimplirey,    W.   D. — continued: 

Granted  Leave  ol  Absence  94 

Committees  Served  on — 

Enrolling  and  Engrossing 48 

Legislative    Department    46 

Salaries  and    Compensation    48 

State  and  School  Lands   52 

Legislative    Apportionment    52 

County  and  Township  Organization  53 

The    Schedule    53 

Chairman    Committee    of    the    Whole    - 222 

Propositions  Introduced  by-- 

No.    392,   Relating  to   State  and   County   Engineers   145 

Hunt,  W.  T.  S.,  Dist.  29. 

Attended    13 

Qualified - 14 

Committees  Served  on — 

Municipal    Corporations    47 

Privileges   and    Elections 48 

Impeachment    and    Removal    from    Office    52 

Public  Debt  and  Public  Works  53 

Petitions  Presented  by — 

Relating  to   Medical   Board    220 

Propositions  Introduced  by — 

No.      28,   Relating  to   Primary  Elections 60 

No.      77,   Relating  to  School   Lands   -   69 

No.    241,   Relating  to   Primary  Elections  , 93 

No.    330,   Relating   to   Taxation    107 

Immigration,  Committee  on  — ^ 47 

Reports   of 175 

Impeachment  and  Removal  from  Office,  Committee  on  52 

Reports   of  249 

Insurance,   Committee  on 52 

Reports    of ." 221-22  6-24  3-279 

Irwin,    Justice. 

Dissenting   Opinion    444 

Jacobs,  F.  W. 

Communication    from    305 

James,  T.  O.,  Dist.   1. 

Attended    13 

Qualified 14 

Granted  Leave  of  Absence  80 

Committees  Served  on — • 

Agriculture    , 47 

Revenue  and   Taxation    ; 47 


34  INDEX. 

James,    T.    O. — continued: 

Privileges   and   Elections    -. 48 

Salaries  and  Compensation  of  Public  Officers 48 

State   and    School    Lands    .-.-    52 

Petitions   Presented  by — 

Relating  to   Liquor    Traffic - 150 

Relating  to   Countyi  Organization    170 

Propositions   Introduced  by — 

No.      28,   Relating  to  Lands    for    Schools 69 

No.    12  8,.  Relating   to  Sale  of  Indemnity  Lands 76 

No.    353,  Relating  to   Control  of  Eleemosynary  Institutions..ll6 
Jarrell,  Rosalie  Hamblen. 

Appointed    Off.cial    Reporter    121 

Jenkins,  W.   D.,   Dist.    26. 

Attended 13 

Qualified 14 

Committees  Served  on — 

Deficiency    Appropriation    — 29 

Salaries  and  Compensation  of  Public  Officers  48 

Impeachment  and  Removal  from  Office  5  2 

Manufactures  and  Commerce 53 

Propositions  Introduced  by — 

No.    252.  Relating  to   Distribution  of  Powers 95 

.Tohns,  Ed  F. 

Appointed  on  Election  Finance  321 

Johnston,  Jos.  E.,  Asst.  Sec'y. 

Appointed   Draftsman 326 

Johnston,   Gov.   Douglas  H.   of   the  Chickasaw  Nation. 

Complimentary  Mention  of.  By  President  Murray 16 

Johnston,  Douglas,  Jr. 

Appointed  page  3  2a 

Jones,  Cham,  Dist.  101. 

Attended 14 

Qualified 14 

Committees  Served   on — 

Federal    Relations    46 

Salaries  and  Compensation  of  Public  Officers 48-248-253 

impeachment  and  Removal  from  Office  48 

Labor  and  Arbitration   53 

Privileges  and  Elections,  Chairman  48 

To    Consider    Jim    Crow    Provision    23S 

Chairman   Comrnittee  of  the   Whole  210-211 

Petitions  Presented  by — 

Relating  to   Practice    of    Medicine    168 

Relating  to  Liquor  Traffic 200 


INDEX.  35 

Jones,  Cham. — continued.  ,    .-    • 

Relating   to  Elections    

Propositions  Introduced  by — 

No.    29,   A  Proposition  for  Preamble  - "" 

No.    30,  Relatt.ing  to   Divorces    ^^ 

Nw.    61,   Relating  to   Rate  of    Interest     .    :  .  -  60 

Johnston,  Henry  S.,  Dist.  17.  ^  ^^ 

Attended '' 

Qualified 

Opened  the  Convention  -— 

Addressed  tlie  Convention     _ 

Explained   Vote   

Committees  Served  on — 

Rules  and  Procedure 

Legislative   Department   

^     ,.    .  4b 

Judiciary    

Private  Corporations  ^ 

Railroads  and  Public  Service  Corporations    4. 

Executive  Department,   Chairman  ^ 

Reports ^ 

To    Consider    Jim    Crow    Provision    ^^'^ 

Editing   V:\ 

Election  Ordinance   ^- 

To  Draft  Resolutions  ^        94s 

Election  Ordinance  and  Amendments  34b 

Resolutions  of  Respect  : 

Chairman,  Committee  of  the  Whole 37,  38,  .50,  51.   .53,  54,   102, 

104,  108,  124,  126,  127,  131,  138.  140,  146,  149,  161,  249. 
161,   249. 

Gavel  Presented  to  "^^ 

Pen   Presented   to   

Petitions   Presented  by — 

Relating  to  Liquor  Traffic  

Propositions  Introduced  by — 

No.      44,   Relating  to  Initiative  and  Referendum   61 

No.    356,   Classifying    Misdemeanors ^^ 

No.    357,   Limiting  the  Right  to  Hold  Office  117 

No.    358,  Limiting  the  Operation  of  the  Bill  of  Rights 117 

Resolutions  Subniitted  by — 

To  Require  a  Roll  Call  for  Election  of  President 29 

Relating  to  Journal  of  First  Day   -^ 

Relating  to  Report  of  Committee  on  Standing  Committees....    33 
Nominating  R.  E.  L.  Bagby  for  Reading  Clerk 34 

34 

To    Close   Nominations    ; 

Relating  to  Hours  of  Sessions 34 


36  INDEX. 

Johnston,    Heniy   S. — continued: 

Relating  to  Order  of  Busii>ess  35 

Confirmation   of  Appointments 35 

Relating  to   Printing   Rules   55 

Relating   to  Engrossment  of  Report  63 

lielating  to   Compensation    of  Officers 85 

Relating   to   Enrollment   of   Constitution  106 

Relating  to  Appearance  in  Injunction  Suit z'dt 

Relating   to   Special   Order 24^ 

Relating  to  Auditing  Accounts  321 

Of  Thanks  10  President  Murray 3-22 

Relating   to   Final    Adjournment 34t» 

'>f  Resnect  i'or  Jno.  W.  Foose 3S1 

Offered  Minority  Report  of  Committee  of  the  Whole 23  7 

Presented  Flag  on  Behalf  of  Mr.  Lillie  312' 

Judicial  Apportionment — 

Committee   on 52 

Reports   of 255 

Judiciary  and  Judicial  Department 46 

Reports   of li^,    1S4,    195,    222-271 

Kane,  Matthew  J.,  Dist.  37. 

Attended 13 

Qualified 14 

Explained  Vote 133-136 

Committees  Served  on — 

Crimes    and    Punishment 47 

Private  Corporations  47 

Public  Roads  and  Highways 47 

Impeachment  and  Removal  from  Office 52-249 

Revision,  Compilation,  Style  and  Arrangement  53 

Special    Conference 197 

To  Investigate  Injunction  Suit 229-233 

To  Consider  Jim  Crow  Provision  238 

Legal    Advisory    242 

Address   to   the   Public  ...322 

Reported    333 

Election   Ordinance 326 

Chairman  Committee  of  the  Whole  225 

Petitions  Presented  by — ■ 

Relating  to   Religious   Liberty  73 

Relating  to  Liquor  Traffic   164 

Woman    Suffrage    19  2-195 

Propositions   Introduced  by — 

No,    129,   Relating  to  Trusts  and   Monopolies  76 

No.    181,   Relating  to   Trial  by  Jury 83 


INDEX.  3. 

Kane,    Matthew    J. — contiuued: 

No.    205,   Relating  to  Incriminating  Evidence  87 

No.    271,   To  Exempt  Certain  Orders  from  Taxes  98 

No.  336,   Relating  to  The    Judiciary    109 

No.  337,  Relating  to  Legislative  Department  109 

Resolutions  Submitted  by — 

Relating  to  Rules  115 

Substitute  for  Resolution  No.  84  228 

Kelly,  Henry,  Dist.   4  0. 

Attended    13 

Qualified 14 

Committees  Served  on — 

Mines  and  Mining,  Oil   and  Gas  52 

Impeachment  and  Removal  from  Office  52 

Manufactures   and   Commerce   53 

Convention    Printing    65 

Public  Printing   65 

Election  Contests 86 

Propositions  Introduced  by — 

No.  182,  Relating  to  Sale  of  School  Lands  83 

Kelley,  George. 

Appointed  Page  . 36 

King,  J.  F.,  Dist.   16. 

Attended    13 

Qualified   14 

Elected   Temporary    President   7 

Addressed    Convention 7 

Committees  Served  on — 

Rules  and  Procedure,  Vice  Chairman 40 

Reports.. ..48,   64,   66,   88,  103,   109,   110,   125,   139,   147, 
156,  160,  161,  162,  166,  193,  195,  216,  244.  314.  348-373 

Judiciary    and   Judicial   Department   46 

Private  Corporations  47 

Railroads   and    Public   Service   Corporations    47 

General    Provisions    ..-- - 53 

The  Schedule 53 

Revenue  and  Taxation,  Chairman  47 

Reports    ----- 228-253 

To  Investigate  Injunction  Suit 229-233 

Legal    Advisory    24  2 

Steering 297 

Editing 321 

Election   Ordinance   326 

To   Investigate  Gerrymander 347 

Pen   Presented   to    303 


38  INDEX.  '       ' 

King,   J.   F. — continued: 

Petitions  Presented  by — 

Relating  to  Woman  Suffrage  186 

Propositions  Introduced  by — ■ 

No.    130,   Relating  to   Listing   Property   of   Corporations T6 

No.    131,  Relating   to   Secrecy  of  the  Ballot 7li 

No.    265,   To  Limit  Ownership  of  Land 97 

No.    266,  To   Prohibit  Corporations  from  Dealing  in  Lands....    97 

Resolutions  Submitted  by — 

Relating  to  Oath  of  Members .' ". 29 

Relating  to   Purchase    of   Coal    Lands -65 

Relating  to   Salary  of  Assistant  Secretary  71 

Relating  to   Style  of  Keeping  Journal   72 

Relating  to   Reading    Journal 80-89-95 

Relating  to   introduction    of   Propositions   105 

Relating  to   Presenting  Rules  to   Certain  Officials   121 

Relating   to   Tendering  Use  of  Hall 201 

Klink,  Joe. 

Appointed  Page  -- 348 

Kornegay,  W.  H.,  Dist.  59. 

Attended -- - - - 13 

Qualified 14 

Explained    Vote - - 133-136 

Committees  Served  on — 

To  Notify  Officers  of  Assembling  of  Convention  27 

Memorial  to  Congress 119-126 

Res.  Adopting  Constitution  of  the  United  States  30 

Reported -. 35 

Contested  Elections  - 41 

Relieved  from 85 

Invitation    .-. 85 

Preamble   and   Bill   of  Rights 46 

Federal   Relations 46 

Judiciary    and    Judicial    Department 46 

Revenue  and   Taxation 47 

Judicial   Apportionment    53 

Revision,  Compilation,  Style  and  Arrangement 53 

The  Schedule  56 

Ordinances,    Chairman    53 

Legal    Advisory    242 

Petitions  Presented  by — 

Relating  to   Religious  Liberty  73 

Relating  to   Child    Labor    106 

Propositions  Introduced  by — 

No.   2,   For   Preamble 56 


IXDKX.  Si* 

Koruegay,   W.    H. — continued: 
Resolutions   Submitted  by — 

Relating  to  Invitation  to  Federal  Officers  27 

Relating  to  Resolution  Adopting  Constitution  of  the  United 

States    ^^ 

President  Roosevelt  40 


Relating  to   Invitation  to 

Relating  to   Committee  on  Contests  

Relating  to  Ordinance  Accepting  the  Terms  of  the  Enabling 


40 


Act    f 

Relating  to   Reference  of  Proposed  Ordinance  53 

Relating  to   Convention  Printing  - 90-143 

Labor  and  Arbitration — 

Committee    on -  ' 

Reports  ^ 

Lamar,  Rev.  J.  S. 

Invocation  by 

Langley,  J.  Howard,  Dist.  65. 

Attended 

Qualified   : 

Chairman,    Committee   of   the  Whole.-196.    198,    199,    201,    204. 

206,  207,   240,  246,  252,  254,  271-289 

Committees  Served  on — 

Contests    .- 

Relieved   from   ^^ 

Preamble  and  Bill  of  Rights  46 

Municipal    Corporations    ^'^ 

Judiciarv   and   Judicial    Department   ..- 46 

CO 

Ordinances "^ 

To  Consider  Jim  Crow   Provision  238 

To  Draft  Section  to  Schedule 328 

Petitions  Presented  by — 

Relating   to    Liquor    Traffic    164 

Propositions  Introduced  by — 

No.    79,   A   Proposition   for  Bill  of  Rights  70 

No.    80,   A   Proposition   for   Preamble  -— - 70 

Resolutions  Submitted  by — 

To  Amend  Rules  ^^ 

Lasater.  iMilas,  Dist.  9  4. 

Attended 

Qualified   

Explained   Vote   

Committees  Served  on — 

Public  Institutions  and  State  Buildings  47 

Public  Roado  and   Highways  4  7 


40  INDEX.    '       ' 

Lasater,   Milas. — continued: 

Banks  and  Banking 52 

Counties    and    County    Boundaries    72 

Revision,  Compilation,  Style  and  Arrangement,  Chairman 53 

Reports   62,    89,    269,    270,    279,    280,    281-283 

Steering 297 

State   of   the   Constitution    372 

Chairman,   Committee  of  the   Whole 193,   194-196 

Petitions  Presented  by — • 

Relating  to   Religious    Liberty    73 

Relating  to   Pensioning    Firemen    - 155 

Relating  to   Public  Service  Corporations  175 

Resolutions  Submitted  by — - 

Relating  to  Report  of  Committee  on  Compilation,  Etc 71 

Lattimer,  Jas.  S.,  Dist.  99. 

Attended 14 

Qualified 14 

Granted  Leave  of  Absence  80 

Committees  Served  on — 

Private    Corporations 47 

Public  Roads  and  Highways 47 

Primary  Elections 48 

Mines  and  Mining,  Oil  and  Gas  52 

Petitions  Presented  by — 

Relating  to  Sale   of   Segregated   Lands 127 

Relating  to  Liquor  Traffic  130 

Propositions  Introduced  by — 

No.      32,   Relating  to  Estimates    on    Crops    60 

No.    256,   Relating  to   Confiscation  of   Coal   96 

Resolutions  Submitted  by — 

Relating    to    Naming    Counties    72 

Leader  Printing  Company — 

Given    Contract    157 

Made  Official  Organ   of  State   320 

Contract   to   Print   Constitutions    463 

Leahy,  T.  J.,  Dist.   56. 

Attended    13 

Qualified   14 

Granted  Leave  of  Absence  14 

Committees    Served    on — 

Invitation    40 

Portraits 52 

Federal    Relations    46 

Privileges  and  Elections  48 

Railroads  and  Public  Service  Corporations  47 


INDEX.  41 

Leahy,   T.    J. — continued: 

Ordinances    

Coal.  Oil  and  Gas  ^^ 

Liquor    Traffic    '^^ 

Legal    Advisory    ^'*2 

To  Investigate  Injunction  Suit  229-233 

Coal    and    Asphalt    Commission,    Chairman    286 

Steering ■ ^^^ 

To    Draft    Section    of    Schedule    328 

Chairman,    Committee    of    the    Whole 236-237 

Propositions    Introduced    by — 

No.      33,   Relating  to  Education    60 

No.      81,  Relating  to  Election    Franchise    ,-  70 

No.    132,   Relating  to   Convict    Labor   76 

No.   133,   Relating   to   State    Industries    ....  77 

No.    134,    Relating   to    Initiative    and    Referendum      77 

No-    183,   To  Make    Osage    Nation    a    Single    County    83 

No.    184,   Relating  to  Executive    Officers    83 

No.    185,   Relating  to   Public     Service     8.i 

No.    324,  Relating  to   Sale   of   Public  Lands  107 

No     325     To    Provide    for    a    Segregated    Coal    Land    Com- 

.    '.  107 

mission   

Resolutions  Submitted  by — 

Thanks  to  Citizens  of  Guthrie  28 

Amendment  of  Report  ^7 

Invitation  to  Hon.  John  Sharp  Williams  40 

Relating  to  Expenses  of  Convention  51 

Referring    Resolution    ■ ^^ 

Relating  to  Address  of  Col.    Moore   122 

Relating  to  Printing   Account   142 

To  Take  from  the  Table  ^^^ 

Relating  to  Endorsement    of    Kansas    and    Missouri    Bills. ...218 

Relating  to  Special  Order  227 

Communication  to,  Read .2|'5 

Ledbetter,  Walter  A.,  Dist.  103. 

Attended    

Qualified  

Nominated  W.   A.  Durant  for  Sergeant-at-Arms  ^b 

Explained   Vote  

Committees  Served  on — 

Salaries  and  Compensation  of  Public  Officers   48 

Schedule   ^^ 

Ordinances    ^ 

Revision,   Compilation.   Style  and  Arrangement   53 

Liquor  Traffic  '^^ 


42  INDEX. 

J^edbetter,  W.  A. — continued: 

Judiciary  and  Judicial  Department,  Chairman  46 

Reports 112,  184,  195,  222-271 

Legal   Advisor 242 

Reports 24G 

To    Investigate    Injunction    Suit    ..--. .229-238 

State  and  School  Lands 202 

Steering 297 

Address  to  the  Public  322 

Election   Ordinance   --.. 326 

To  Draft  Resolution   :.346 

Election  Ordinance  and  Amendments 348 

Presented    With    Pen    ...-: 302 

Petitions    Presented   by — 

Relating  to  Religious  Liberty  86 

Relating  to   Pensioning  Firemen 152 

Relating  to  Juries 177 

Propositions    Introduced    by — 

No.      4,   To   Provide  for  Separate  Coaches  56 

No.    20  2,  To   Provide     Requirements     for     Insurance     Com- 
panies     87 

Resolutions  Submitted  by — 

Relating  to  Permanent  Organization 14 

Relating  to  Adoption  of  Constitution  of  the  United  States....    2  9 

To  Table  Report  of  Committee  on  Contests  30 

Relating  to  Journals  for  Committees  65 

Greetings  to  Constitutional  Convention  of  New  Mexico 144 

To  Appoint  a  Committee  on  Address 321 

To  Tender  Vote  of  Thanlis  to  Mr.  Owen  .....321 

To  Amend  Rules  331 

Relating  to   Election    Ordinance    ;.... ..346 

Relating  to   Journal    346 

For  Several   Amendments  349,    350,    351-352 

Ledbetter,  Robt. 

Appointed    Page    32R 

Lee,   B.   F.,   Dist.   110. 

Attended    14 

Qualified  14 

Committees  Served  on — 

Municipal  Corporations  47 

Public    Institutions    47 

Salaries  and  Compensation  of  Public  Officers 48 

Board  of  Health  and  Convention  175 

Petitions    Presented    by — 

Relating    to    Liquor   Traffic    .  . 148 


INDEX.  43 

Lee,  B.  F. — coutiuued: 

Propositions    Introduced    by — 

No.    203,   Relating  to  Legislative    Districts    87 

No.    204,   Relating  to  Sale  of  School  Lands  87 

No.    255,   Relating  to  State  P'arrns  95 

No.    264,   Relating  to  Asylums  for  Indigent   97 

No.    366,  Relating  to   Grand    Juries,    Etc 120 

Resolutions  Submitted  by — 
Leeper,  C.  S.,  Dist.  96. 

Attended 14 

Qualified  14 

Committees  Served  on — 

Suffrage 47 

Filed    Report    for    186 

Public    Roads   and    Highways    47 

Manufactures  and  Commerce 53 

Public  Printing  65 

Counties  and  County  Boundaries 72 

Petitions    Presented   by — 

Relating  to  Annual  Reunion   ..  299 

Propositions    Introduced    by — 

No.      82,   Fixing    Rate   of   Interest    70 

No.      S3,   Against   Capital   Punishment  70 

No.    232,   Relating  to  Municipal  Ownership  92 

Resolutions  Submitted  by — 

Being  a  Memorial  to  Congress  170 

Relating  to  Taxation  of  Town  Lots  186 

LaFollette,   Hon.    Robt.    M. 

Invited  to  Visit  and  Address  Convention  40 

Lee,  A.   S. 

Nominated   for  Reading  Clerk 34 

Lee,  B.  F.,  Jr. 

Appointed  Page 327 

Legal    Advisory    Committee    242 

Reports    34  5,    2  4  6-250 

Legislative   Apportionment. 

Committee    on    .>-,-. 52 

Reports    : 248 

Legislative  Department. 

Committee    on    46 

Reports    227-244 

Liedtke,  Wm.  C,  Dist.   83. 

Attended    14 

Qualified  14 

Explained   Vote   128 


44  INDEX. 

Liedtke,  Wm.  C. — continued: 
Committees  Served  on — 

Judiciary  and  Judicial  Department 46 

Privileges  and  Elections  1 47 

Su/ffrage 47 

Convention    Accounts    and    Expenses 53 

County  and  Township  Organization    53 

Revision,  Compilation,  Style  and  Arrangement  53 

Chairman,  Committee  of  the  Whole 227,  228-229 

Petitions    Presented    by — 

Relating  to  County  Boundaries "...   99 

Relating  to  Liquor    Traffic 148 

Propositions    Introduced    by- 
No.    45,   Relating  to   Powers    of   State    61 

No.    46,   Relating  to   Suffrage 61 

No.    4  7,   Relating  to   Private  Corporations  61 

No.    48,   To  Prohibit  Corporation  Contributions,  Etc 62 

Lillie,  F.  B. 

Carnations  Presented  on   Behalf  of  192 

Presented   Flag   to   Convention 312 

Liquor  Traffic. 

Committee    on    72 

Reports    192-251 

Lynch,  J.  M. 

Appointed    Committee    Clerk 67 

Assigned  to  Committees  67 

Littlejohn,  W.  N.,  Dist.  7  8. 

Attended    14 

Qualified 14 

Presented   Boquet   to   Pres.    Murray   37 

Pen  Presented  to 307 

Committees  Served  on — 

Agriculture 4  7 

Revenue  and  Taxation 47 

Municipal    Corporations    47 

Suffrage  47 

Impeachment  and  Removal  from  Office  .' 52 

General    Provisions    53 

County  and  Township  Organization. 53 

Manufactures  and  Commerce,  Chairman  53 

Chairman,  Committee  of  the  Whole  297 

Petitions    Presented    by^ — 

Relating  to   Liquor  Traffic  125 

Relating  to   School  Fund  141 

Propositions    Introduced    by — 


INDEX.  45 

l.ittlojohn.  W.  N. — continued: 

No.      51,   Relating  to   Dealing    in    Futures 62 

No.      52,   Relating  to  Taxation    - 62 

No.      84,   Relating  to  Issuance  of  Injunctions  70 

No.   135,  Relating  to  State   School   Fund   7" 

No.    136,   Relating  to  Subordination  of  Military  •-   77 

No.    137,  Against  Outlawing  Persons  77 

No.    201,   To   Prohibit  Corporations  Contributing,  Etc 82 

No.    251,   To  Create  a  Department  of  Agriculture  85 

No.    262,   Relating   to   Liquor    Traffic    97 

Littleton,    Isaac   B.,   Dist.    32. 

Attended    

Qualified  

Committees   Served  ou — 

Legislative    Department    

Public  Roads  and  Highways 

Suffrage    - 

Public   Debt   and    Public   Works   - - 53 

Long,  C.  L. 

Appointed  on  Election  Finance  ' 321 

Majors,  John  C,  Dist.  7. 

Attended    .- ^'^ 

Qualified l^ 

Presents  Book  of  Rules  to  Convention  ..; 58 

Committees  Served  on — 

Railroads  and  Public  Service  Corporations  47 

State  and  School  Lands  - —  -   ^^ 

Salaries  and  Compensation  of  Public  Officers  48 

Public  Health  and  Sanitation 52 

Mines  and  Mining,  Oil  and   Gas,  Chairman  52 

Reports .184-214 

Petitions    Presented   by — 

Relating  to  Religious  Liberty   ..  '3 

Propositions    Introduced    by — 

No.   138,    Relating  to   County    Division  77 

Resolutions  Submitted  by — 

To  Reconsider  Vote  - ^^^ 

Relating- to   Memorial    Quilt - - <i42 

Manufacture  and  Commerce. 

5 "? 
Committee  on  

Marum,  D.  P. 

of)  0 

Communication  from **    " 

Given  Vote  of  Thanks  ^^- 


46  INDEX. 

Mathis,  C.  C,  Dist.   100. 

Attended    14 

Qualified 14 

Committees   Served  on — 

Preamble  and  Bill  of  Rights 4G 

Executive    Department    -. 46 

Agriculture  4  7 

Legislative    Department    ---. 4G 

Revenue    and    Taxation    - 47. 

Coal,    Oil    and    Gas    ^---,   65 

Petitions   Presented   by — 

Relating  to   Religious  Liberty 73 

Relating  to   Judicial    Apportionment — 166 

Maxey,   Jas.    H.,   Dist.    31. 

Attended - - 13 

Qualified - - 14 

Seconded  Nomination  of  Mr.  Murray  for  President  15 

Committees   Served  on- — 

To  Escort  Mr.  Murray  to  President's  Chair 15 

Executive  Department  ..- --. - 46 

Made  Report  for  - - --.186 

Federal   Relations   - 46 

Crimes  and  Punishment  - ---    47 

Immigration   -.- — 4  7 

Mines  and  Mining,  Oil   and  Gas  — 52 

Suffrage    4  7 

Geological   Survey   - - 52 

Petitions    Presented   by — 

Relating  to  Insurance -- 150 

Relating  to   Liquor  Traffic  150 

Relating  to   Public    Printing    - 177 

Propositions    Introduced    by —  a 

No.        3,   Relating  to   Child   Labor   56 

No.        5,   Relating  to   Fellow    Servants    57 

No.        7,   Relating  to  Liability  of  Common  Carriers  57 

No.        8,   Relating  to   Grand    Juries    57 

No.    285,   Relating  to   Civil  Service  Commission  100 

No.    431.   To  Protect  Home  Industries  219 

Meek,  C.  W. 

Appointed  Cloak  Room  Attendant  37 

Messenbaugh,  J.  T.,  Mayor  of  Oklahoma  City. 

Invited  Convention  to  Visit  Oklahoma  City   50 

Messenger,  E.  F.,  Dist.  8  2. 

Attended    13 

Qualified  -  -   14 


INDEX.  47 

Messenger,  E.  F. — continued: 

Nominated  A.  S.  Lee  for  Reading  Clerk    34 

Exijlained   Vote 12  8 

Committees   Served  on — 

Invitation    to   Officers   27 

Mileage  41 

Public  Institutions  and   State  Bldgs 47 

Primary  Elections  48 

Legislative  Apportionment  52 

Revision,  Compilation,  Style  and  Arrangement  53 

Liquor  Traffic 72 

Petitions    Presented    by — 

Relating   to   Jim    Crow    Provisions 222 

Propositions    Introduced    by — 

No.      34,   Relating   to   Corporate  Ownersliip  of  Lands  60 

No.      35,   Relating  to   Eligibility  to   Office  60 

No.    200,    Relating  to   Time  Laws  Take  Effect  87 

Resolutions  Submitted  by — 

To  Adopt  Report  of  Committee  of  the  Whole 54 

Mileage. 

Committee  on 41 

Reports    51 

Miller,   J.  M. 

Appointed  Usher 37 

Resigned  141 

Mines  and  Mining,  Oil  and  Gas. 

Committee   on 52 

Reports 184-214 

Minute  Clerk, 

Office  Created  and  Salary  Fixed 30 

Harper,  O.  G. 

Appointed -...-- 36 

Office  of  Consolidated  with  that  of  Journal  Clerk  20  8 

Mr.   Harper  Resigned   208 

E.  C.  Patton  Appointed  Minute  and  Journal  Clei-k  .  ...20S 

Mitch,  John  L.,  Dist.  29. 

Attended    ' 13 

Qualified  14 

Address  on  Lincoln  Memorial  Da.v  .  .221 

Committees   Served  on — 

Memorial  to  Congress  126 

Invitation    40 

Education 4  7 

Revenue  and  Taxation 47 

Insurance    52 


48  INDEX.         '       ' 

Mitch,   John   L. — continued: 

Revision,  Compilation,  Style  and  Arrangement 53 

The  Schedule  53 

Address  to  the  Public  322 

Chairman  Committee  of  the  Whole 226 

Petitions    Presented   by — 

Relating  to  Religious  Liberty  73 

Propositions    Introduced    by — 

No.      10,   Relating  to  Initiative  and  Referendum 57 

No.      36,   Relating  to   Education  and  Child   Labor  ..-. 60 

No.      86,   Relating  to  Location    of    Capitol    ~.   70 

No.    198,   Relating  to  Release  of  Mortgages  .-- 87 

No.   249,   Relating  to  Divorces    ..— 95 

No.    316,   Relating  to   Office  of  County  Auditor  105 

No.    317,   Relating  to   Correction  and  Codification  of  Laws. ...105 

No.    360,  Relating  to  Practice  of  Professions 117 

No.    383,   Relating  to  Use  of  School  Funds 144 

No.    389,   Relating  to   Protection  of   Game  and  Fish 145 

No.    390,  To  Provide  Schools  for  Deaf,  Dumb  and  Blind  145 

No.    406,   Relating   to   Judiciary  System  175 

Resolutions  Submitted  by — • 

Relating  to  Report  of  Committee  on  Rules 49 

Invitation  to  Hon.  Gifford  Pinchot 51 

Relating  to  Notice  of  Committee  Meetings  65 

Mitchell,  John. 

Communication    from    156 

Moore,  Col.  W.  H. 

Invited  to  Visit  and  Address  the  Convention 39 

Extends  Invitation  to  the  Convention 50 

Addressed  the  Convention  122 

Given  Vote  of  Thanks 122 

Moore,  Prof,  of  Dolbeig. 

Resolution  by  118 

Moore,  Chas.  L.,  Dist.  13. 

Attended 13 

Qualified  - .  11 

Committees   Served  on — 

Federal  Relations,  Chairman 46 

Report^ 112-115 

Judiciary  and  Judicial  DeparJ^ment  46 

Judicial    Apportionment    53 

Ordinances 53 

Revision,  Compilation,  Style  and  Arrangement  53 

To  Consider  Jim   Crow  Provision 238 

Legal    Advisory 242 


INDEX.  49 

Mooie,   Chas.   L. — continued: 

Election  Ordinance •  ■-- ^^^ 

Petitions   Presented   by — 

Relating  to  Employment  of  Children  58 

Relating  to  Religious   Liberty    73-115 

Relating  to  Woman    Suffrage 188 

Propositions  Introduced  by — 

No.      37,  Relating  to   Public     Liability     for     Private  Enter- 
prises     ^ 

No.    260,   Relating  to   Construction  of  Constitution 97 

No.    261,   Limiting  Corporate  Indebtedness  97 

No.    393,  For  Election  Ordinance  154 

Resolutions  Submitted  by — 

Inviting  Prof.  Everhard  to  Address  the  Convention  160 

For  Printing  500  Copies  ExtTa  of  Election  Ordinance  333 

Municipal    Corporations. 

Committee   on ' 

Reports ^"^^ 

Murray,  Clive. 

Appointed  Page  '^ 

Murray,  J.  M. 

Appointed   Usher  ' 

Granted  Leave  of  Absence  ^* 

Murray,  Wm.  H.,  President  and  Me-mber  from  Dist.   104. 

Attended ^^ 

Qualified ^'^ 

Nominated   for  President  ^^ 

Elected   President 

Address  Accepting  the  Presidency 15 

Address  Accepting  Desk 

Appointed  Officers  and  Employees 36,  37.  46,  52,  71-80 

Appointed    Committees,    Standing    46,    47,    52,    53,    65,    72-242 

Address  on  Lincoln  Memorial  Dav   ^21 

Administered  Oath  to  Employees  37 

Authorized  to  Make  Any  Necessary  Appointments  322 

Authorized    to    Dismiss    Janitor    

Appointed  Legal   Advisory   Committee   242 

Appointed  Editing  Committee  - ^21 

Authorized  to  Execute  Printin,^  Contract  1 159,   250-341 

Authorized  to  Audit  All  Accounts  321 

Appointed  Coal  and  Asphalt  Commission  \""^^^^ 

Explained    Vote    135-142 

Elected  Chairman  Committee  on  Rules  and  Procedure 46 

Added    to  Editing   Committee   321 

Read  Communication  from  Mr.  Bryan  104 


50  INDEX. 

Murray,  \Vm.  H. — continued: 

Made   Member   of    Standing    Committees    115 

Pen  Awarded  to 289 

Appointed  Pages    325 

Appointed  Pages  - 327 

Petitions  Presented  by — By  Request — - 

Relating  to   Liquor   Traffic  65,    168,   192-255 

Relating  to  School  Lands I3y 

Relating  to   Legislative    Matters   152 

Relating  to   Judicial    Districts    162 

Relating   to   Pensioning    Firemen    :.--.155 

Relating  to   General  Provisions 168 

Relating  to   Convict  Labor  169 

Relating  to   Woman  Suffrage  181 

Protesting  Against  State  Printing  Text-Books  210 

Protesting  Against  Section  Line  Roads 219 

Protest  of  Negroes  Against  Separate  Coaches  2  22 

Relating  to  Business  Commission  -.- 222 

Relating  to  Lobbying —...- - 224 

Relating  to  Reclamation  of  Overflow  Lands 236 

Relating  to  Names   for   "Triplets"   .- 240 

Relating  to  Oil   Industry  249 

Relating  to  Judicial  Apportionment 286 

Relating  to  Amendment   af   Constitution   U.    S ..- 292 

Propositions  Introduced  by — 

No.    158,   Relating  to   Torrens  Land   System 79 

No.    159,   Relating  to   Teaching    Agriculture,    Etc 79 

No.    160,   Relating  to  Verdicts 79 

No.    161,   To   Protect   the   Defendant   in    Criminal   Cases 79 

No.    164,   Relating  to  Election    of   U.    S.    Senators   by   Popu- 
lar Vote - -— — 81 

No.    272,   To  Exempt  Certain  Institutions  from  Taxes 98 

No.    287,   Relating  to  Rule  of  Descent  and  Distribution  100 

No.    397,   Relating  to   Practice    of    Medicine    140 

No.    403,   Relating  to   Alien    and    Corporate    Onwership    of 

Land    - 161- 

No.    419,   Relating  to  Installing   Dispensaries   192 

No.    428,   Relating  to   Insurance    ...210 

No.    434,   Relating  to  Architecture    238 

No.    437,   Relating  to   Levies,  Drains  and  Ditches 253 

Resolutions  Submitted  by — 

By  Request,  Amendment  of  Constitution  United  States 99 

Relating  to  Invitation   by   Bar  Association    122 

Relating  to  Order  of  Business  122 

Relating  to  Amendment  of  Constitution  of  the  U.  S.  137 


INDEX.  51 

Murray.  Wm.  H.— continued: 

Submitting  Additional  Section  to  Schedule  ^^" 

Relating  to  Printing  Constitutions  oAn'.^. 

Communication  of  to  President  Roosevelt   ,0! 

Ordered  Constitution  Read  for  Final  Approval  - 330 

Announced  Erasures  and  Interlineations  in  Parchment  Copy..334 
~,..i.  339*000 

Signed  Constitution 

Letter   of    Mr.    Bryan    to— App ^^^ 

Address  to  the  People  

Appeal    to    the    People    

Proclamation    Reconvening    Convention    -, 

„       ,  458 

Appeal  for  Funds   ^^^ 

Election  Proclamation  of  - 

Proclamation   Adjourning   Convention    ^"^ 

Report  to  the  Legislature   

Muskogee  Printing  Company.  ^^_ 

Contract   to    Print    Journal    ^^^ 

Bond   of 

McCance,  Ed  O.,  Dist.  5.  ^^ 

Attended ^'^ 

Qualified  

Committees   Served  on —  ^^ 

Education  

Legislative  Apportionment  ^^ 

Liquor    Traffic    

Public  Printing,  Chairman  

Reports 

Chairman  Committee  of  the  Whole  

Petitions  Presented  by — 

Relating  to  Religious  Liberty  7q"'"i  "r'ni  rq 

Relating  to  Liquor  Traffic  l^^-  iS^-l^^ 

Propositions  Introduced  by — 

No       85,   Relating  to   Provision  for  Separate  Schools  <U 

No.    186,   Relating  to   Amendment  of  the  Constitution  83 

No.    187,   Relating  to  Revision  of  Constitution  ^4 

No.    288,   Relating  to  History   of   Oklahoma    100 

No.    289,   Relating  to   Practice  of  Medicine  100 

No.    326.   Relating  to   County    Commissioners    107 

No.    327,   Relating  to   State  Printing lOJ 

No.    328,    Relating   to   Restrictions  on   Legislators       1 0  < 

Resolutions  Submitted  by —  ^^^ 

Invitation  to  Gov.   Folk   

Relating  to  Change  of  Hour  of  Meeting  1*» 

Relating  to  Resolution  on  Rules  


52  INDEX. 

McClain,  Chas.   M.,  Dist.  86. 

Attended    14 

Qualified  14 

Granted  Leave  of  Absence 94 

Committees  Served  on — 

Legislative  Department 46 

Ordinances 53 

Insurance,  Chairman 52 

Reports • 221,  226,  243-27S 

Presented  With  Pen 302 

Propositions  Introduced  by — 

No.    163,   Relating   to  Insurance 81 

No.    240,   Relating  to  Agricultural  Commission 93 

No.   323,   Relating  to   Liquor  Traffic 106 

No.    381,   To  Create  Office  of  Insurance  Commissioner 144 

Resolutions  Submitted  by — 

Relating  to  Directory  of  Members  in  the  City 90 

Relating  to  Time  of  Meeting 14] 

McClure,  P.  J.,  Dist.    111. 

Attended    14 

Qualified  14 

Committees   Served   on — 

Agriculture 47 

Homesteads  and  Exemptions  52 

McCrory,  Claude. 

Nominated  for  Reading  Clerk , .,..^ 34 

McCurtain,  Green,  Principal  Chief,  Choctaw  Nation. 

Complimentary  Mention  of  by  Mr.  Murray  16 

Communication    from 127 

McDonald,  Rev.  J.  B. 

Invocation  by 199 

McKay,  Jordan. 

Appointed    Page 34  8 

McLean,  J.  A. 

Appointed  Doorkeeper 3 7 

McNabb,  Secretary. 

Presented  Report  of  Board  of  Agriculture  : 125 

Extends  Invitation  to  the   Convention   166 

Given  Vote  of  Thanks 166 

Naylor,  Rev.  Frank. 

Invocation    by    at    Opening    of   Convention    5 

Elected  Chaplain 27 

Pen    Presented   to   317 


INDEX.  53 

Nelson,  Flowers,  Dist.   68. 


Attended 


14 

Qualified  1^ 

Committees   Served  on — 

Standing   Committees    27 

Contests ^1 

Preamble  and   Bill  of  Rights   46 

Judiciary  and  Judicial  Department  46 

Privileges    and    Elections    48 

Judicial  Apportionment,  Chairman  Pro  Tem   53-204 

Ordinances ^^ 

Labor    and    Arbitration 53 

Counties  and   County   Boundaries 72 

To  Consider  Jim  Crow  Provision  238 

To  Investigate   Gerrymander   348 

Chairman,  Committee  of  the  Whole  218,   238-252 

Petition.!;  Presented  by — 

Relating  to   Liquor    Traffic    - 99 

N^ewell,  E.  G.,  Dist.  19, 

Attended    ^^ 

Qualified  ^- 

Committees   Served  on — 

State    and    School    Lands 52 

Public  Debt  and  Public  Works  -   53 

The  Schedule  ^^ 

Board  of  Health  to  Convention  l'^5 

Petitions   Presented  by — 

Relating  to  Liquor  Traffic  130-148 

Propositions    Introduced   by — 

No.  340,  Relating  to  Legislative  Authority  109 

Nicholas,  Rev. 

Invocation  by  286.  292,  325-348 

Norton,    J.    K.,    Dist.    35. 

Attended    ^^ 

Qualified  ^^ 

Committees  Served  on — 

Mines  and  Mining,  Oil   and   Gas  52 

Geological    Survey    - ^2 

Impeachment  and  Removal  from  Office  52 

State  and  School  Lands  ' ^2 

Labor  and   Arbitration   ^^^ 

Petitions  Presented  by — 

Relating   to  Religious    Liberty    J3 

Relating  to  Municipal  Organization    'i'3 

Relating  to  Liquor  Traffic  1^3 


54  INDEX.  -      -. 

Morton,    J.    K. — continued: 

Propositions  Introduced  by — 

No.    38,   Relating  to   Rate   of   Interest    61 

No.    39,   Relating  to   Suffrage    61 

Gates,  D.  C. 

Elected  Assistant   Sergeant-at-Arms    26 

O'Brien,    Mike 

Appointed  Watchman   37 

O'Brien,   Miss   Clara. 

Presented  Cup  to  President  Murray  J14 

Offices  in  Convention. 

Created  and  Salaries  Fixed  30 

Oklahoma  Historical  Society. 

Communication  from  32  6 

Presented    Pen 342 

Oppliger,  Sam  A. 

Appointed  Official  Reporter 36 

Complimentary  Mention  of  in  Report  to  Legislature 469 

Ordinances. 

Committee  on 53 

Reported    - 9  4-113 

Owen,  Hon.  Robt.  L. 

Addressed  Convention  and  Given  Vote  of  Thanks 147 

Given   Vote  of  Thanks   321 

Parker,  Gabe  E.,  Dist.  109. 

Attended 14 

Qualified  14 

Committees   Served  on — 

Memorial  to  Congress 126 

Portraits,    Chairman    ^ 52 

Reported    96 

Education 47 

Revenue  and  Taxation  47 

Mines  and   Mining,  Oil  and  Gas  52 

State  and  School  Lands 52 

County  and  Township  Organization  53 

Executive   Department,   Chairman  Pro  Tem  46-183 

Liquor  Traffic,  Vice  Member  187 

Seal  of  State,  Chairman 246 

To  Wait  Upon  Census  Enumerators  347 

Chairman  Committee  of  the  Whole  216-292 

Petitions  Presented  by — 

Relating   to   Forest   Reserve   157 


INDEX.  5i, 

Parker,  Gabe   E. — continued: 

Pen  Presented  to  , 317 

Propositions  Introduced  by — 

.  No.    140,   Relating   to   Regulation  of  Corporations  77 

No.    188,   Relating  to   Furnishing  Text-Books  84 

No.    189,   Relating  to   Compulsory    Education   84 

No.    197,  To   Require  Insurance  Companies  to   Invest  in  the 

State   87 

No.   267,   Relating  to   County  Boundaries  97 

Page,   Pres.  Inmau  of  Langston  Presented  Desk  to  Convention 43 

Parker,    Chief  Quanah. 

Addressed  the  Convention  117 

Patton,    E.    C. 

Appointed    Journal    Clerk    37 

Qualified 46 

Appointed    Minute   and    Journal   Clerk   208 

Refused  to  Accept  Contributions  for  Services  333 

Given  Vote  of  Thanks 346 

Complimentary  Mention  in  Reports  to  Legislature,    (App.) 469 

Patton,  Max. 

Appointed  Page  32  7 

Peddicord,  J.  E. 

Appointed  Cloak  Room  Attendant  80 

Office  Abolished   80 

Appointed   Chief  Committee   Clerk   '. 96 

Phelps,  J.  I. 

Gavel  Returned  to  51 

Pig  Iron  Club. 

Permitted  to  Use  Hall  40 

Permitted  to  Use  Desks  54 

Pinchot,   Hon.   Gifford,   Chief  Forester. 

Invited  to  Visit  and  Address  the  Convention  51 

Offered  to  Substitute  Mr.  ClothierMn  His  Stead  94 

Pittman,  Chas.  H.,  Dist.  11. 

Attended    - 13 

Qualified  14 

Nominated  Mr.  Ellis  for  Second  Vice  President  34 

Address  on  Lincoln  Memorial  Day 221 

Explained    Vote    134-161 

Committees  Served  on — 

Convention  Officers  and  Employees  28 

Reported    30 

Invitation  to  U.  S.  Senate  Committee 40 

Rules  and   Procedure   40 

Judiciary  and  Judicial  Department  46 


r.G  INDEX. 

Pittman,  Chas.  H. — continued: 

Public   Institutions   47 

Primary    Elections 4.S 

Insurance 52 

Contests    86 

Legislative   Apportionment,    Chairman   52 

Report    - - - 244 

Steering 297 

Chairman  Committee  of  the  Whole 209 

Petitions  Presented  by — 

Relating  to  Liquor  Traffic  .- 144 

Relating  to  Pensioning  Firemen  ..- 175 

Propositions  Introduced  by — 

No.  190,  Relating  to  Control  of  Convict  Labor 84 

No.  364,  Relating  to  Public  Service  Corporations  120 

No.  402,  Relating  to  Statute  of  Limitations 160 

No.   425,  Relating  to  Corporations    202 

Resolutions  Submitted  by — 

Relating  to  Election  of  Officers 33 

Relating  to   Oath  of  Mr.   Hughes 35 

Relating  to  Additional  Pages   36 

Relating  to   Confirmations    36-37 

Relating  to  Invitation  to  U.  S.  Senate  Committee 40 

Relating  to   Use  of  Hall  by  Pig  Iron   Club 40 

Relating  to   Resolution   on    Lobbying 41 

Relating  to  Assistant   Secretary 46 

Relating  to  Appointment  of  Additional  Reporters  62 

Relating  to  Hours  of  Sessions 73 

Relating  to  Abolishing   Office 80 

Relating  to  Vote  of  Thanks  to  Mr.  Niblack  117 

Relating  to  Salary  of  Journal  Clerk 130 

Relating  to  Memorial  to  President 187 

Relating  to   Measurement    of    Type. 250 

Relating  to  Reconsideration  of  Vote  253 

To  Lay  on  Table  -- - 254 

Porter,  Gen'l  Pleasant,  Prin.  Chief,  Creek  Nation — 

Complimentary  Mention  of  by  Mr.  Murray  16 

Preamble  and  Bill  of  Rights. 

Committee  on   ^^ 

Reports  101,  118-141 

Primary  Elections. 

Committee   on    48 

Reports    326 


IMDRX. 


57 


Printing.  ..463-465 

Contracts    

Private  Corporations.  ^^ 

Committee    on    214-228 

Reports 

Privileges  and  Elections. 

„  .,^  48 

Committee   on    

Prohibition. 

Provision  Finally  Adopted   

Public  Debt  and  Public  Works. 

Committee   on   ,^ 

_-  ,  Zoo 

Reports    

Public  Health  and  Sanitation. 

Od 

Committee   on   

Reports    

Public  Institutions  and  State  Buildings. 

Committee   on   

„  ,  Zoo 

Reports    

Public  Printing.  ^^ 

Committee   on    

Reports    

Public  Roads  and  Highways.  ^^ 

Committee   on   

Excused  to  Attend  National  Good  Roads  Ass'n b4 

„  ,         ..  63-184 

Reports    ot    

Quarles,  J.  J.,  Dist.  56.  ^^ 

Attended    

Qualified ^^^ 

Explained  Vote   

Committees  Served  on — 

Executive   Department   *^ 

Education 

Municipal    Corporations    

Public  Roads  and  Highways  *" 

Banks  and  Banking,  Loan.  Trust  and  Guaranty  Go's 52 

The  Schedule  " 

Propositions  Introduced  by — 

An  Ordinance   Relating  to  the  Osage  Nation  li» 

No     141,   Relating  to   Education   of   Deaf,    Etc '^ 

No.    142,   Relating  to   Convicts  and  Convict  Labor  78 

No.    143,   Relating   to   Capital  Punishment  ^8 

No.    368,  Relating  to  Exemptions    i 

No.    369,   Relating   to   Executive    Department    1^" 


&«  INDEX. 

Quarles,    J.    J. — continued: 

No.   370,  Relating   to   Qualifications  of   Governor 120 

No.    371,   Relating  to   Qualifications  of  State    Officers    120 

No.    373,   Relating  to   Terms   of  State   Officers   120 

No.    374;   Relating  to   Railroad    Commission    120 

No     375,   Relating   to   Terms   of  Office  120 

Resolutions  Submitted  by — 

A  Substitute  Relating  to  Pay  of  Employees  49 

To  Lay  Report  on  Table  , 185 

Reconsideration  of  Vote 253 

Railroads  and  Public  Service  Corporations. 

Committee   on 47 

Reports  ; 145,  156,   163,  191-224 

Ramsey,  S.  M.,  Dist.  30. 

Attended 13 

Qualified    : 14 

Committees  Served  on — 

Suffrage 47 

General    Provisions   53 

Public  Debt  and  Public  Works 53 

Public  Health  and  Sanitation 53 

Petitions  Presented  by — - 

Relating  to  Religious  Liberty  73 

Relating  to  Woman  Suffrage  168,  174-181 

Relating  to  Liquor  Traffic 247 

Relating  to  Location  of  Capitol   205 

Propositions  Introduced  by — 

No.    144,  Relating  to  Veto    Power    78 

No.    145,  Relating  to  Establishing    Depots : 78 

No.    247,   Relating  to   Dual  Office  247 

Ray,  Rev.   D.  B. 

Invocation   by    363 

Revenue  and  Taxation. 

Committee   on   47 

Reports 228-253 

Revision,  Compilation,  Style  and  Arrangement. 

Committee   on    53 

Reports  ....62,   89,   269,   270,    279,    280,    281,   283,   295,   296, 

.298,    304-305 

Rice,  Thad  D.,  Dist.  38. 

Attended    13 

Qualified    : 14 

Committees  Served  on — 

Legislative   Department    46 


INDEX.  59 

Rice,    Thad  D. — -continued: 

Suffrage    47 

Public  Institutions  and  State  Buildings  47 

Labor  and  Arbitration 53 

Public  Debt  and  Public  Works  53 

State  Militia,   Chairman  52 

Reports    183 

Liquor  Traffic,  Vice-Member  187 

Petitions  Presented  by — ■ 

Relating  to   Liquor  Traffic  148-155 

Riley,  Dr. 

Invocation  by  185 

Roberts,  Luke,  Dist.  49. 

Attended    13 

Qualified 14 

Nominated  R.  T.  Williams  for  Reading  Clerk  34 

Explained   Vote   134 

Committees  Served  ©n — 

Designation  and  Salaries  of  Employees  28 

Mines  and   Mininv?,   Oil   and   Gas   52 

Impeachment  and  Removal  from  Office  52 

Insurance 52 

Public  Health  and  Sanitation  53 

Public  Printing - 65 

Counties  and  County  Boundaries  72 

Liquor  Traffic,  Chairman  72 

Reports 192,  195-251 

Petitions  Presented  by — • 

Relating  to  Liquor  Traffic  ....130,    141,   143,    148,  150,   151, 

153,    155,    164,    168,    170,    181,    185-187 

Propositions  Introduced  by — 

No.  333,  Relating  to  Gambling  107 

Resolutions  Submitted  by — 

Relating  to  Advancing  Committee  Report  194 

Vote  of  Thanks  to  Officers 346 

Rodgers,  W.  C,  Prin.  Chief,  Cherokee  Nation. 

Complimentary  Mention  of  by  Mr.  Murray  16 

Rogers,  C.  V.,  Dist.  64. 

Attended    13 

Qualified 14 

Committees  Served  on — 

Legislative   Department    46 

Portraits    52 

Homesteads  and  Exemptions  52 

Liquor   Traffic   72 


GO  INDEX. 

Rogers,    C.    V. — continued: 

Counties  and  County  Boundaries  72 

Impeachment  and  Removal  from  Office  52 

Salaries  and  Compensation  of  Public  Officers,  Chairman 48 

Reports 193 

Pen  Presented  to  - 306 

Roll  Calls. 

Ballot  ....63,  81,  88,  113,  123,  124,  128,  132,  135,  142,  146,  156, 
157,  228,  255,  263,  264,  265,  266,  267,  268,  269,  270,  272, 
273,  274,  275,  276,  277,  278,  280,  282,  284,  285,  287,  288, 
289,  290,  291,  293,  296,  299,  300,  301,  303,  306,  307,  308, 
309,  310,  311,  315,  316,  317,  318,  319,  323,  324,  327,  328, 
329,  331,  332.  339,  344,  345,  348,  349,  350,  351,  352,  353, 
354,   355,   356,   357,  358,   359,   360,  361,   362,  363,   364,   365, 

366,   367,   368,   369,  370,  371,   372,   373-375 

Roosevelt,   President  Theodore. 

Invited  to  Attend  and  Address  the  Convention 40 

Statehood,  Proclamation  of  462 

Rose,  David  S.,  Dist.  15. 

Attended 13 

Qualified    14 

Address   on   Lincoln    Memorial   Day   221 

Committees  Served  on — 

To  Escort  Mr.  King  to  the  Chair  7 

Standing   Committees 27 

To  Revise  Journal  of  First  Day ...    29 

Allotment    of    Seats 29 

Resolution  Adopting  Constitution  of  the  U.  S 30 

Contested  Elections  41 

Reports 115 

Memorial  to  Congress 127 

Judiciary  and   Judicial   Department  , 46 

Crimes  and  Punishment  47 

Legislative    Apportionment 52 

The    Schedule 53 

Preamble  and  Bill  of  Rights,  Chairman  46 

Reports 101,    118-141 

To  Consider  Jim  Crow  Provision  238 

Election   Ordinance  326 

Election   Ordinance   and   Amendments   348 

State  of  the  Constitution 372 

Resolutions  of  Respect  381 

Chairman  Committee  of  the  Whole  304 

Petitions  Presented  by — 

Relating  to   Religious  Liberty  56 


INDEX.  .    61 

Rose,   David   S. — coutiuiied: 

Relating  to  Liquor    Traffic    152 

Propositions  introduced  by — 

No.    17,   A  Proposition  for  Preamble  59 

No.   234,   Relating  to  Deportation    92 

No.    235,  Relating   to  Freedom    of    Speech    92 

No.   236,  Relating  to  Black-listing 92 

No.    237,   Relating  to   Jury  Trials  in  Injunction  Cases  92 

No.    23  8,   Relating  to  Lregislative    Apportionment    93 

Resolutions  Submitted  by — 

For  a  Committee  to  Revise  First  Day's  Journal  29 

Relating  to  Resolution  Adopting  Constitution  U.  S 36 

Accepting  Offer  of  Tishomingo  Schools  43 

Relating  to  Hours  of  Committee  Sittings  72 

Relating  to  Rules 87,   90-96 

Invitation  to   Hon.   O.    B.   Colquitt 113 

Relating   to   Reading    Propositions    119 

Relating  to   Printing  Account  142 

To  Reconsider  Report  182 

Roster  of  Members  385 

Roster  of  Officers  and  Employees  - ,. 387 

Rules  and  Procedure. 

Committee   on 46 

Reports.... 46,  48,  04,  66,  88,  1U3,  109,  110,  139,  156,  106,  193, 

- 195,    216,    226,   244,    314,    348-373 

Salaries  and  Compensation  of  Public  Officers. 

Committee    on 4  8 

Reports 193-253 

Sandlin,  J.  M.,  Dist.  22. 

Attended    13 

Qualified    14 

Pen   Presented   to    281 

Explained  Vote   136 

Committees  Served  on — 

Rules  and  Procedure  40 

Municipal    Corporations .47 

Public    Institutions    '7 

Impeachment  and  Removal  from  Office 52 

Judicial    Apportionment,    Chairman    , 53 

Reports    , 25  5 

To  Investigate  Gerrymander 348 

Petitions  Presented  by — 

Relating  to  Religious  Liberty 143 

Relating  to   Liquor  Traffic  162,   164,   168,   170-192 

Relating  to  Woman    Suffrage    186 


62  INDEX. 

Sandlin,   J.   M. — continued: 

Propositions  Introduced  by — 

No.    146,   Relating  to  Sale  of  School  Lands  78 

No.    147,   Relating  to  Separate  Schools   78 

Suggests   Change  in   Name  of  Momon   County 327 

Resolutions  Submitted  by — 

Relating  to  Convention  Printing  143 

To  Make  the  Leader  the  Official  Organ  320 

Safer,  J.  E.,  Dist.  20. 

Attended ^....    13 

Qualified    ...- - '.....    14 

Explained   Vote 136 

Committees  Served  on — 

Deficiency   Appropriation ..- 29 

Executive    Department    47 

Public  Roads  and  Highways 47 

The  Schedule  --   53 

Liquor  Traffic -.-; 72 

Petitions  Presented  by — 

Relating  to   Religious    Liberty    73 

Relating  to   Liquor  Traffic  86,  148,  155-186 

Propositions  Introduced  by — 

No.   191,   Relating  to   Recall 84 

No.   19  2,   Relating  to  Method   of  Electing  U.   S.   Senators....   84 

No.    257,   Relating  to   Bill  of  Rights  97 

Savage,  J.  J.,  Dist.  48. 

Attended 13 

Qualified _ 14 

Explained   Vote : 129 

Committees  Served  on — 

Education 47 

Immigration,    Chairman 47 

Homesteads  and  Exemptions 52 

Legislative  Apportionment  52 

Public  Health  and  Sanitation  53 

Petitions  Presented  by — 

Relating  to  Liquor  Traffic  192.   195-197 

Propositions  Introduced  by — 

No.   148,  Relating  to  Immigration  and  Labor  78 

No.    227,  Relating  to  Trading  in  Votes  92 

No.    228,   Relating  to  Board  of  Pardons  92 

No.    309,  Relating  to  Dealing  in   Futures  105 

No.    310,   Relating  to   Physicians    105 

No.  321,   Relating  to   .Johnson    Grass   106 

No.    382.   Relating  to  Bill  of  Rights  144 


INDEX.  63 

Savage,  J.   J. — continaed: 

No.    413,  Relating   to   Public    Debts    189 

No.    415,  Relating  to   Tax    Rate   189 

Resolutions  Submitted  by — 

Invitation  to  Jos.  W.  Bailey  4C 

Schott,  Miss  Josephine. 

Appointed  Committee  Clerk 52 

Assigned  to  Committees  67 

Salary  of,   Increased 32l> 

Scott,  Dr. 

Invocation  by --- ^....^..,. 191 

Sheppard,  Judge  J.  H. 

Addressed  the  Convention 41 

Signatures  to   Constitution    339,    340,    341,    383-384 

Smith,    Lon. 

Appointed  Page 3  6 

Smith,  Orville  T. 

Appointed    Official    Reporter    80 

Standing  Committees. 

Committee    on    - 27 

Report    .- 31 

Stark,  G.  C. 

Appointed    Committee    Stenographer 36 

Qualified - 46 

Assigned  to  Committees  67 

Appointed   Chief  Committee  Clerk   293 

State  and  School  Lands. 

Committee    on 52 

Reports    210-243 

State  Militia. 

Committee   on 52 

Reports    183 

Statehood. 

Proclamation    -*62 

Stephens,  Hon.  John  H. 

Communication  from  Read  1^0 

Stonum,  Harry  P. 

Appointed   Committee  Stenographer 36 

Assigned  to  Committees 67 

Sorrells,  E.  T.,  Dist.  92. 

Attended    ^ 14 

Qualified    14 

Committees  Serred  on — 

Geological   Survey  52 

Tiabor  and   Arbitration   53 


64  INDEX. 

Sorrells,   E.   T. ^-continued: 

Public  Debt  and  Public  Works  53 

Public  Health  and  Sanitation  53 

Petitions  Presented  by — 

Relating  to   Judicial    Apportionment    168 

Relating  to  Liquor  Traffic  170-197 

Relating  to  County  Seats  170 

Propositions  Introduced  by — 

No.    341,   Relating  to   Limitation  Upon  Legislative  Powers....! 09 

No.    342,  Relating   to   Public    Money    109 

No.    343,   Relating   to   Corporation  Debts   ....109 

No.    420,   Relating  to  State    Debt   - 192 

Resolutions  Submitted  by — 

Relating  to  Recess  in  Memory  of  Washington  239 

Stowe,  J.  F.,  Dist.  95. 

Attended - 14 

Qualified    - 14 

Invocation  by  215,   221,   234-279 

Committees  Served  on — 

Education 47 

Enrolling  and  Engrossing 48 

Liquor    Traffic    72 

Chairman,  Committee  of  the  Whole  215 

Sulzbacher,  Judge  Louis. 

Communication    from 255 

Suffrage. 

Committee   on 47 

Summers,  Hatton  W. 

Invited  to  Address  the  Convention  124 

Supreme  Court. 

Decision    of    401-446 

Swarts,  J.  W.,  Dist.   61. 

Attended 13 

Qualified -- - 114 

Nominated  Mr.  Vandiver  for  Reading  Clerk  34 

Committees  Served  on — 

Federal   Relations 46 

Education    47 

Immigration     47 

Crimes    and    Punishment    52 

Banks  and  Banking,  Loan,  Trust  and  Guaranty  Co.'s 52 

Reported   for   — .- 219 

Impeachment  and  Removal  from  Office,  Chairman  5  2 

Reports    249 

To  Consider  Jim   Crow  Provision  238 


INDEX.  65 

Swart s,   J.    W. — continued: 

T^regislative   Department.,   Chairman   244 

Reports    2  49 

State  of  the  Constitution  372 

Reports    376 

Chairman  Committee  of  the  Whole  217 

Petitions  Presented  by — 

Relating  to  Liquor  Traffic  197 

Relating  to   Gas   Within    State    210 

Propositions  Introduced  by — 

No.      87,   Relating  to   Revenue    and     .axatlon    70 

No.      88,   Relating  to  Suffrage    70 

No.    149,   Relating   to   Homesteads  and  Exemptions  78 

No.    150,   To    Create    a    Railroad    and    Corporation    Commis- 
sion      - 78 

No.    279,   Relating  to  Descent  and  Distribution  99 

Resolutions  Submitted  by — 

Relating  to   Invitation  to  Muskogee 54 

Relating  to  Amendment  to  Constitution  of  U.  S 72 

Considered 13  2-1 35 

To  Provide  for  Direct  Election  of  U.  S.  Senators  Adopted. ...137 

Relating  to   Name   of   County 152 

Relating   to   Granting  Use   of  Hall  242 

Sweet,  Rev.  M. 

Invocation  by 174 

Taylor,  Gov.   Bob  of  Tennessee. 

Invited  to  Visit  and  Address  the  Convention  40 

Taylor,  A.  R. 

Appointed  Official  Reporter  36 

Tener,  Hymen  O.,  Dist.  42. 

Attended    13 

Qualified -14 

Committees  Served  on — 

Invitation  to  Mr.  Colquitt  41 

Preamble  and  Bill  of  Rights  46 

State   and    School    Lands    52 

Counties  and  County  Boundaries  72 

Convention  Accounts  and  Expenses,  Chairrnan  53 

Reports    290-313 

Petitions  Presented  by — 

Relating   to  Religious  Liberty 73 

Relating  to   Liquor    Traffic    152 

Relating  to   County    Boundaries    186 

Propositions    Introduced    by — 

No.    41fi.   Relating  to  Public  Lands 189 


66  INDEX. 

Tener,  Hymen  O. — continued: 

Resolutions  Submitted  by — 

Relating  to  Withdrawal  of  Resolution  195 

Extended  Invitation  to  Members 333 

riiompson,  Rev.  J.  J. 

Invocation    by 253 

Thomas,  James  E. 

Appointed   Messenger   36 

Tishomingo  School  Children. 

Pi'esent  Journal  to  Convention  1 43 

Report  of  Price  Paid  Received  and  Adopted .'.199 

Tosh,  J.   B.,  Dist.   52. 

Attended    : : 13 

Qualified , 14 

Pen  Presented  to  288 

Committees  Served  on — 

Primary    Elections    48 

Convention  Accounts  and  Expenses  ....- 53 

Convention   Printing   65 

■     State  and  School  Lands,  Chairman  Pro  Tern 52-202 

Coal,  Oil  and  Gas     .- - -... - 65 

Liquor   Traffic    -, 72 

Legislative   Department,  Chairman , 46 

Reports     - - - 227 

Coal   and  Asphalt    Commission 286 

Petitions  Presented  by — 

Relating   to    Pensioning   Firemen 155 

Tracy,  Fred  C,  Dist.  2. 

Attended    - - 13 

Qualified    , 14 

Committees  Served  on — 

Preamble  and  Bill  of  Rights 46 

Revenue    and    Taxation    ..-. 47 

Public    Institutions    - 47 

Privileges   and   Elections   48 

County  and  Tow^nship  Organization 53 

Counties  and  County  Boundaries   72 

General  Provisions,  Chairman  ; 53 

Reports    : 156,    184-248 

Propositions  Introduced  by — 

No.    151,   Relating  to   Manual  Labor  of  Prisoners  78 

No.    152,   Relating  to   Grand   Juries    79 

No.    153,  Relating  to  Verdict  in  Civil  Cases  79 

No.    154,  Relating  to   Restricting    Indebtedness    79 

No.  2  20,   Relating   to   Amendment   and    Revision     91 


INDEX.  67 

Tracy,   Fred  C. — continued: 

No.    221,   Relating   to   Public    Officers    91 

No.    222,   Relating   to  Delects  and  Omissions  in  Laws  91 

No.    299,   Relating  to   Local    Option    100 

No.    300,   Relating   to  Rights   of   Married   Women   101 

No.    308,   Relating  to  Occupation    Taxes 101 

No.    404,   Relating  to   Separate  Coaches  165 

Tucker,  G.  M.,  Dist.  55. 

Attended 13 

Qualified    14 

Invocation    by    255 

Committees  Served  on — 

Geological   Survey   52 

Banks  and  Banking,  Loan,  Trust  and  Guaranty  Go's 52 

County  and  Township  Organization 53 

Judiciary  and  Judicial  Department 46 

Suffrage    47 

Contests    86 

Chairman   Committee    of    the   Whole 223 

Petitions  Presented  by — ■ 

Relating  to  Religious  Liberty  73 

Relating  to   Liquor  Traffic  150 

Propositions  Introduced  by — 

No.      89,  Relating  to   Right    of   Suffrage    70 

No.      90,   Relating  to  Names  of  Legislative  Bodies  70 

No.    155,   Relating  to   State   Capitol    79 

No.    433,   Relating  to   Insurance    Companies    226 

Turner,    Hammer   G.,    Dist.    80. 

Attended 14 

Qualified    14 

Committees  Served  on — 

Portraits    52 

Executive    Department    47 

Public    Institutions    47 

State  and  School  Lands  , 52 

The    Schedule    53 

Counties  and   County  Boundaries  72 

Vandiver,  W.  W. 

Nominated  for  Reading  Clerk  34 

Waterson,   Hon.   Henry. 

Invitation    to 40 

Watts,  Owen. 

Appointed    Page    36 

Watts,  Jesse. 

Presented  Bouqu(»t  to  President  Murray  39 


68  INDEX. 

Waugh,  Rev.  B.  J. 

Addressed    Convention    321 

Weaver,  Carlton,  Dist.  8  7. 

Attended    '. 14 

Qualified 14 

Committees  Served  on — 

Invitation   to   u.    3.   Senate    Committee 40 

Geological    Survey    52 

Public    Health    and    Sanitatien    53 

Insurance     ^  52 

Privileges  and  Elections  48 

Petitions  Presented  by — 

Relating    to   Liquor    Traffic    198 

Propositions  Introduced  by — 

No.      15,   Relating  to      Geological    Survey 58 

No.      40,   Relating  to   Sale  of  School  Lands 61 

No.      41,   Relating  to      Intermarriage  of  Whites  and  Negroes   61 

No.      42,  To  Provide  for  an  Inheritance  Tax  61 

No.    194,   Defining  Word  "White"  as  Applied  to  Races  — 84 

No.   195,   Relating  to  Revenue    and    Taxation    84 

No.    278,   Limiting  Ownership  of  Land  by  Railroads  -.-    99 

No.    417,  Relating  to  Lobbying 189 

No.    190,   Relating  to   Prize  Fighting 190 

Resolutions  Submitted  by — 

Confirmation  of  Appointment  of  E.  C.  Patton 58 

Relating   to   Coal,  Oil  and  Gas 86 

Relating   to   Printing  Account 148 

Relating   to   Land  in  Indian  Territory 177 

Wenner,  Fred  L. 

Given  Vote  of  Thanks   321 

White,  Ewers. 

Communication    from 180 

Wickham,  Noah  B. 

Addressed  the  Convention 189 

Williams,  Ed  R.,  Dist.  3. 

Attended    13 

Qualified    - 14 

Address  on  Lincoln  Memorial  Day  221 

Invocation    by    217,    223,    230,    236,    343-371 

Comm.ittees    Served    on — 

Invitation 96 

Number  and  Designation  of  Standing  Committees  27 

Public    Institutions    47 

Legislative    Department    46 


Ii\DEX. 


69 


Williams,    Ed.    R -^continued: 

Primary    Elections    

Public  Debt  and  Public  Works,  Chairman  53 

Reports 253 

Chairman  of  Committee  of  the  Whole  224 

Petitions  Presented  by — 

Relating  to  Religious    Liberty    ^J^ 

Relating  to  Liquor  Traffic  ^ 

Propositions  Introduced  by — 

No.    43,   Relating  to  Sale  of  Farm  Products  bl 

Resolutions  Submitted  by — 

Relating  to  Lobbying    

Invitation  to  Messrs.   Everett  and   Calvin   <^ 

Relating  to   Drinkin-   Water  ^^^ 

Relating  to   Daily   Journal   

Williams,  Hon.  John  Sharp,  of  Mississippi.  ^^ 

Invited    ^^g 

Communication  from,  Read 

Williams,  R.  T.  ^^ 

Nominated  for  Reading  Clerk  ^^ 

Elected    Reading    Clerk    


Qualified 
iams,  Bo( 
Attended 


Williams,  Boone,  Dist.   97.  ^^ 


14 

Qualified    

Committees  Served  on — 

Invitation 

Immigration    

Crimes  and  Punishment  

Banks    and    Banking    ^^ 

General    Provisions ^^ 

State   Militia    ^2 

Liquor   Traffic    

Petitions   Presented   by —  ^^ 

Relating  to  Religious  Liberty  

Propositions  Introduced  by — 

No.      91,   Relating   to  Liability    of    Corporations    'i 

No       92.   Relating   to  State  Militia  J 

No       93,   Relating  to  Rights    of    Employees    ^1 

No.    156,   Relating   to   Gambling  h^  Farm  Products  7  J 

No.    354,   Relating  to   Corporations    

No.    345.   Relating  to  Arbitration    

No.    376,  Relating  to  Immigration     

Resolutions  Submitted  bv —  ^^ 

Invitation    to    Judge    Sheppard    


70  •  INDEX. 

Williams,  Boone — continued: 

To  Adopt  Memorial  to  Congress  42 

Relating  to  Form  of  Propositions  62 

Relating   to   Board  of  Health  19>> 

Williams,  R.  L.,   Dist.  108. 

Attended 14 

Qualified    -- 14 

Address   on   Lincoln    Memorial    Day    221 

Pen  Presented  to 278,    292-309 

Committees  Served  on — 

,  To  Escort  Mr.   King   to  the   Chair  t.      7 

To  Escort  Mr.  Murray  to  the  Chair  15 

Standing    Committees.    Chairman 27 

Reports 31-33 

To  Revise  Journal  of  First  Day  29 

Invitation  to  Hon.  Robt.  M.  LaFollette,  Chairman  40 

Report 151 

Judiciary   and   Judicial    Department   46 

Legislative    Department    46 

Revenue  and  Taxation 47 

Primary    Elections    — 48 

Coal,    Oil    and    Gas 65 

Railroads  and  Public  Service  Corporations,  Chairman 47 

Reports ...145,   156,   163,   191-224 

Report   Withdrawn 182 

Legal  Advisory,  Chairman  242 

Reports    245 

Steering    297 

Editing    321 

Election   Ordinance 326 

To  Draft  Section  of  Schedule  328 

Election    Ordinance    Amendments   348 

Petitions   Presented  by — 

Relating  to  Religious  Liberty  73 

Propositions  Introduced  by — 

No.      99,   Relating  to  Corporation   Dealing  in  Real   Estate...   74 
No.    100,   Placing  Limitations  Upon   Foreign   Corporations....   74 

No.    196,   Relating  to  Arbitration    84 

No.    281.   Relating  to  Rate    of    Passenger    Fares    99 

No.    282,   Relating  to  Eligibility   to  Office 99 

No.   283,   Relating  to   Eminent  Domain   100 

No.    284,   Relating  to  Ownership    of   Realty    100 

No.    334,   Relating  to   Railroads    108 

No.    359,   Relating  to  Railroad  Bond   Issues   117 

No.   365,  Relating  to  Free  Transportation  120 


INDIOX.  7  J 

Williams,    R.    L. — continued: 

No.    422,   Relating  to  Taxation    ...  199 

No.    424,   To  Prohibit  Bucket  Siiops  202 

No.    426,   Relating   to   Taxation  of  Bonds  and  Notes  ...204 

An  Ordinance  Repealing  Election  Ordinance  331 

Resolutions  Submitted  by — - 

Invitation  to  Mr.  Colquitt  46 

Amendment  Relativfe  to  Convention  Employees  49 

Relating  to   Committee  on  Portraits  52 

Relating  to   Rivers  and   Harbors   Congress   125 

Relating  to  Amendment  of  Memorial  178 

Relating  to   Protest  Against  Act  of  Congress 210 

Relating  to  Printing  Report  224 

Relating  to  Special   Order .'. 227 

Reference  to  Committee  of   the  Whole   242 

To  Amend  Resolution  No.  92  298 

Relating  to   Substitute  Election  Ordinance  325 

To  Strike  Election  Ordinance  from  Files  331 

Relating  to  Engrossment  of  Ordinance  343 

To  Amend  Art.  V.       373 

Wills,  Don.  P.,  Dist.  60. 

Attended    13 

Qualified    14 

Committees  Served  on — - 

Mines  and  Mining,  Oil  and  Gas 52 

Public   Debt    and    Public    W^orks    53 

Railroads  and  Public  Service  Corporations  47 

Privileges    and    Elections    48 

Convention  Printing  65 

Counties  and   County  Boundaries  72 

Released   from  •. 117 

Wood,  Geo.  W.,  Dist.  8. 

Attended    13 

Qualified - 14 

Committees  Served  on — 

Legislative  Api)ortionment  52 

Public  Printing   - 65 

Liquor   Traffic    - 7  2 

Convention    Printing,    Chairman    .■ 65 

Reports - 119,  124-156 

Announcement  Regarding  Bids  341 

Petitions    Presented   by — 

Relating  to   Liquor   Traffic  150-197 

Relating  to   Floral    Emblem    .' 173 

Resolutions  Submitted  by — 


72  INDEX. 

Wood,  Ge6.  W. — continued: 

Relating  to   P^loral    Emblem    153 

To  Adopt  Committee  Report  137 

Relating  to  Journals    341 

Woods,  J.  I.,  Dist.   8  9. 

Attended    .  14 

Qualified    : 14 

Committees  Served  on — 

Geological  Survey   52 

Impeachment  and  Removal   Irom  Office  52 

Manufactures    and    Commerce :...    53 

Convention  Accounts  and  Expenses  53 

Public  Printing 65 

Petitions   Presented   by — 

Relating  to   County  Boundaries  84-96 

Relating  to   Liquor  Traffic   148-153 

Propositions  Introduced  by — 

No.      94,   Relating  to  Legal  Rate  of  Interest  71 

No.    298,   Relating  to  Municipal  Corporations 100 

Worrall,  C.  C. 

Appointed  Chief  Committee  Clerk  52 

Qualified 53 

Assigned    to    Committees    66 

Tendered  Resignation   - 96 

Wyatt,  T.  C,  Dist.  33. 

Attended    - 13 

Qualified    14 

Explained    Vote    134-137 

Committees  Served  on — 

Suffrage    ; 4*^ 

Agriculture    4*^ 

Railroads  and  Public  Service  Corporations  .-..   47 

State   Militia    - 52 

To  Investigate   Gerrymander 348. 

Petitions   Presented   by — 

Relating  to   Child   Labor   56 

Relating  to  Liquor  Traffic  164 

Propositions  Introduced  by — 

No.      95,   To  Prevent  State  from  Giving  Its  Credit  71 

No.      96,   Relating  to   Amendment  of  the  Constitution 71 

No.   157,   Relating  to   Impeachment    79 

No.    229,   Relating  to  Taxing  Peddlers  92 

No.   230,   Relating  to  Industrial    Schools   92 

Resolutions  Submitted  by — 

Relating  to  Test  for  Reading  Clerk  34 


INDEX.  73 

Wyatt.   T.   C. — continued: 

To    Provide    Blackboards  ;. 54 

Wyly,   Albert  S.,   Dist.    7  2. 

Attended 13 

Qualified     14 

Committees  Served  on — 

Memorial  to  Congress  126 

Legislative  Department 46 

Education     47 

Reports 28  6 

Municipal    Corporations    47 

Public  Institutions,   Chairman ,} 47 

Reports    286 

Chairman  Committee  of  the  Whole  -.2  20 

Petitions    Presented   by — 

Relating  to  Liquor  Trafiic  : 150 

Presented  With  Pen  - 302 

Propositions  Introduced  by — 

No.      97,    Providing  for  a  Corporation  Commission  71 

No.    275,   Relating   to   Public    Bi 'Idings    98 

No.    276,   Relating  to   Taxation  of  Railroads 98 

No.    412,   Relating   to   Rate  of  Interest  187 

Young,  John  M.,  Secretary. 

Elected  Temporary  Secretary 12 

Nominated  and  Elected  Permanent  Secretary 26 

Qualified       ..: — - - 46 

Authorized  With  President  to  Make  Printing  Contract 250 

Authorized  With  President  to  Audit  Accounts  .   .  ...    ..321 

Refused  to  Accept  Contributions  of  Members  ..-- 333 

Attested    Signatures    341 

Given  Vote  of  Thanks ,-346 

Made  Custodian  of  Records  34fi 

Voung,  Dr.,  of  Ardmore. 

Invocation  by  : 181 

Young,  ,1.   Maurice. 

Appointed  Page  -^^3 


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